Potential arrest warrant for Netanyahu gets pushback from White House

The Biden administration is poised to fight any prosecution of Israeli government officials amid speculation that the International Criminal Court (ICC) may soon issue arrest warrants over the war effort in Gaza. There is.

“We do not support it,” White House press secretary Karine Jean-Pierre told reporters at a Monday press briefing, referring to the ICC’s investigation, which targets the actions of Hamas as well as Israel. “We don’t believe they have jurisdiction.”

Neither the United States nor Israel are among the ICC’s 124 member states. And the chances that Israel will prosecute a member of its government in The Hague based on a warrant are virtually zero.

But even so, arrest warrants for Israeli officials, perhaps including Prime Minister Benjamin Netanyahu himself, would clearly strengthen the case of the country’s critics.

At the heart of the case is the unjustifiably brutal and indiscriminate nature of Israel’s counterattack following the Oct. 7 Hamas attack that killed about 1,200 Israelis, including some attacks by Israeli forces and restrictions on humanitarian aid. This violated international law.

It is estimated that approximately 34,000 people were killed in Israel’s attack on Gaza.

Speculation that an ICC arrest warrant is imminent adds a new element to the volatile mix of US discussions about the Gaza war.

This discussion has already included university protests against Israel’s actions. Disapproval of Prime Minister Netanyahu’s actions is growing, especially among Democratic voters. And the question is whether President Biden has made the most of American influence to rein in Israel.

Meanwhile, not only pro-Israel Democrats but also many Republicans and independents believe that the biggest danger is that Mr. Biden will be pulled to the left by pro-Palestinian activists, and that Mr. They argue that promises become unreliable.

Additionally, many Jewish organizations have expressed alarm at the rise in anti-Semitism, saying that accusations of anti-Semitic bigotry are being used to delegitimize criticism of Prime Minister Netanyahu’s policies. The voices are on the progressive left.

These fault lines are once again evident in the debate over possible ICC action.

The ICC is “carrying out its mission of holding people accountable for international crimes and war crimes, and the Netanyahu government and its top officials have been doing so for months,” said Osama, a spokesman for the progressive group Justice Democrats.・Andrabi said. .

Mr. Andrabi gave little credence to the White House’s assertion that the ICC does not have the authority to investigate the Gaza war or prosecute Israeli government officials if there is evidence.

“I don’t understand why some people think the ICC doesn’t have jurisdiction over crimes it should have jurisdiction over, or why governments that are not members of the ICC have a say in who is who. “I wonder if it’s not part of the jurisdiction,” he told this column.

Democratic strategist Joel Rubin, who served as deputy assistant secretary of state in the Obama administration, called the possibility of the ICC issuing warrants against Israeli government officials “ridiculous.”

Rubin noted that he has often criticized Netanyahu, as have the ICC and the International Court of Justice, which is hearing a separate case in which the South African government accuses Israel of genocide. “Deep-rooted prejudice against Israel”

“Sovereign nations are defending their territories after horrific terrorist attacks,” Rubin said. “The idea that those who were leading the defense of the attacked nation would somehow end up being indicted is a bit of a stretch. is.”

The debate has also been roiling on Capitol Hill, with Speaker Mike Johnson (R-Louisiana) calling the idea of ​​the ICC issuing arrest warrants for Prime Minister Netanyahu and other Israeli officials “disgraceful” and “abhorrent.” ” he called.

Sen. John Fetterman (D-Pa.), one of the most ardent Democratic voices supporting Israel during the conflict, wrote on social media that this was a “death blow to Israel’s judicial and moral standing.” It will be,” he wrote. [the] The ICC will pursue this path against Israel. ”

Fetterman has previously stressed that he does not want to “impose any conditions” on Israel and called on Biden to “intervene” with the ICC.

It is not entirely clear what form such an intervention would take, but backroom diplomacy appears to be the most likely route.

There are also indications that U.S. officials believe the idea of ​​arrest warrants is counterproductive to efforts to achieve a ceasefire, hostage agreements, or both in the conflict.

Bloomberg reported Monday that “the United States and its allies” are concerned that issuing such a warrant “could jeopardize the agreement.”

The Bloomberg report added, “The fear is that Israel will withdraw from the cease-fire agreement if the ICC moves forward with enforcing the warrant,” adding that the Group of Seven (G7) members are “sending that message to Japan.” We have begun quiet diplomatic efforts to convey this message.” The court is based in The Hague. ”

As with all things in conflict, there is disagreement here as to whether this is a real concern or a red herring aimed at quashing potential charges.

“If you are saying that the arrest warrant from The Hague is somehow preventing the Israeli ceasefire, you are delusional,” Andrabi said. “Israel has been disrupting the ceasefire for months, killing thousands of Palestinians, and blocking aid.”

But Rubin countered: “If your goal is to stop wars, you want to reduce the obstacles to doing so, not add to them.”

“If you label every member of the Israeli government as a war criminal, you reduce the incentive for them to change course,” he added. “You’re saying you can’t protect your people and if we make a deal to end the conflict, we’re going to the Hague. They’re cursed on both sides.”

The Memo is a reported column by Niall Stanage.