“Attack Israel and we will attack you,” wrote the senators, led by Tom Cotton, in the letter. “Such acts would be illegitimate, they have no legal basis and, if they were to occur, they will result in severe sanctions against you and your institution.”
Senators Mitch McConnell (Minority Leader), Rick Scott, Tim Scott, Ted Cruz and Marco Rubio also signed the letter amid growing concerns that the courtUN can take the decision to issue arrest warrants targeting Israeli military political officials in the context of the war that has been waged for seven months in Gaza. This would include Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and General Herzi Halevi, Chief of Staff.
While reports suggested that the United States and Israel had taken initiatives to try to deter the Court to issue arrest warrants, the prosecutor of the CPI said on Friday that if the latter “welcomed open communication” with government officials or those of non-governmental bodies, it would only take part in such a dialogue “whether it meets the requirements of the Court’s mandate as defined by the Rome Statute – preserving independence and impartiality” of the instance. “This independence and impartiality is nevertheless undermined when individuals threaten to launch reprisals… should the Office, in accordance with its mandate, be required to make certain decisions regarding investigations or cases that fall within its jurisdiction,” he added. He asked that “all attempts to embarrass, intimidate or influence Court officials cease immediately.”
The senators, however, accuse the ICC, in their letter, “to try to sanction Israel for undertaking legitimate acts of self-defense against its aggressors, aggressors who are supported by the Iranians. In fact, and you said it yourself, you witnessed ‘scenes of calculated cruelty’ resulting from the Hamas attack in Israel, after the October 7 massacre.
K. Khan visited Israel in December 2023, at the request of the families of the hostages. During his visit, he visited some communities devastated by terrorists on October 7, including Kibbutz Beeri and Kibbutz Kfar Aza. He had listened to the testimonies of survivors of the massacre.
“Such arrest warrants would make the International Criminal Court the equivalent of the State known to be the greatest sponsor of terrorism and the equivalent of its proxy. To put it plainly, there is no equivalence to be made between Hamas’s terrorism and Israel’s justified response.” continue the senators in their missive.
The letter sent by the senators also notes that the CPI can only prosecute individuals belonging to countries whose governments “don’t want to – or can’t – self-discipline.” “You yourself have said that ‘Israel has professional lawyers who advise commanders and also has a robust system that aims to ensure that international humanitarian law is respected.’ By issuing arrest warrants, you would call into question the legitimacy of Israel’s laws, legal system and democratic form of government. affirm the senators in their missive. “If you take the steps indicated, then we will, on our part, take steps that will remove any notion of American support for the ICC, we will sanction your employees and your associates, and we will ban you and your families from American soil.” , continues the missive. “You have been warned.”
In recent weeks, Israel has reportedly informed the United States that the Palestinian Authority was likely to push the court to issue arrest warrants, adding that there would be retaliation on its side in such a case. Last week, Axios had indicated that members of the US Congress, from both sides of the political spectrum, had warned the CPI that Washington could also retaliate against the court if arrest warrants were to be issued – including by passing legislation that would sanction those responsible for the Court – fearing that such an initiative would destroy hopes of concluding a truce for hostages.
