Calls Grow To Sanction International Criminal Court Officials After Decision, Compared to Dreyfus Case, To Seek Arrests of Top Israelis

Will President-elect Trump, or even President Biden, take measures against the International Criminal Court following Thursday’s decision to call for the arrest of Israeli officials? The decision is being compared to the famous Dreyfus case of the late 1800s. Calls are growing in Congress to sanction ICC officials after they issued arrest warrants against the Israeli prime minister, Benjamin Netanyahu, and a former defense minister, Yoav Gallant. Three ICC judges are urging the court’s 124 member countries to bring the Israeli officials to trial on allegations of committing war crimes and crimes against humanity.To avoid the appearance of bias, the ICC also sought to arrest the Hamas military commander, Mohammed Deif, who was killed in Gaza in July, a case where the Hague may be taking the Latin phrase habeas corpus — “show the body” — too literally. The Thursday arrest warrants were issued by three ICC judges in response to a request by the court’s prosecutor, Karim Khan, a British national who is himself under investigation for improprieties after an employee in his office accused him of sexual misconduct. “The antisemitic decision of the International Criminal Court is a modern Dreyfus trial — and will end the same way,” the Israeli prime minister’s office said in a statement. A Jewish French army officer, Alfred Dreyfus was convicted of treason in 1894. Leading intellectuals, including the author Emile Zola, accused the military court of antisemitism in the case and eventually forced a reversal of the conviction.“The good news is that Israel has friends in the world, and foremost in America,” Mr. Netanyahu said in a Hebrew-language video message to Israelis. These friends “made clear that this decision will carry dire consequences for the Court and for whoever cooperates with it.” Israeli officials are reportedly working with counterparts in the incoming Trump administration to discredit the ICC. Mr. Biden, who has more influence than Trump over European leaders, might be able to pitch in as well. America “fundamentally rejects” the ICC decision, the White House said in a statement. “We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter.” Republicans are pushing for consequences. The ICC “has no credibility,” Representative Mike Waltz, nominated by Trump to be national security adviser, writes on X. “You can expect a strong response to the antisemitic bias of the ICC & UN come January.” In Israel, even Mr. Netanyahu’s toughest critics condemned the decision as an affront to the entire country. The ICC has no mechanism for appeals of its decisions, Israeli commentators note, and it can issue secret arrest warrants targeting others as well, including soldiers and officers. Several European countries, including France, Ireland, and the ICC’s host country, the Netherlands, announced they would limit contacts with Israeli officials to a minimum and execute the warrants if the accused travel to their countries.“These decisions are binding on all States party to the Rome Statute, which includes all EU Member States,” the outgoing foreign policy tsar of the European Union, Josep Borrell, a strong critic of Israel, writes on X. Israeli commentators said Messrs. Netanyahu and Gallant could even be forced to land if they fly over an ICC member state’s airspace. The premier could similarly be disinvited from appearing at the United Nations, where he annually makes a speech during the September gathering of heads of state for the General Assembly debate. “Dearborn will arrest Netanyahu & Gallant if they step within Dearborn city limits,” the mayor of the majority Muslim Michigan city, Abdullah Hammoud, writes on X. His, though, is a minority reaction in America. The ICC is “a dangerous joke,” Senator Graham of South Carolina writes. The Senate “needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it. Now.”A bipartisan vote to sanction ICC officials passed the House in June by a vote of 247 to 155. Under pressure from the White House, Senator Schumer declined to promote the legislation. Israel is not a member of the court. Yet, the court claims it has jurisdiction, as the alleged crimes occurred in “Palestine,” an ICC member recognized by the UN as a state. Although America is not an ICC member either, the Hague is similarly investigating U.S. soldiers and CIA officers for alleged crimes committed in Afghanistan in 2003. “A court of last resort,” the ICC can only try cases “when national authorities are unwilling or unable to prosecute” crimes, according to the Rome Statute that established the international venue. Israelis and Americans say the Hague exceeded its jurisdiction by acting against officials of a non-ICC member, a democracy that is fighting enemies seeking its destruction. Israel, they note, boasts a vibrant, independent judicial system. The ICC actions “pose a direct threat to Israel and, if left unchecked, could eventually threaten the United States as well,” Senator Thune said, vowing to pass the House sanctions resolution as soon as he becomes majority leader. Other Washington officials might now lean on European counterparts to rein in the ICC as well.

Calls Grow To Sanction International Criminal Court Officials After Decision, Compared to Dreyfus Case, To Seek Arrests of Top Israelis

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