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US about ICC: “We don’t believe that they have the jurisdiction”

Israeli Prime Minister Benjamin Netanyahu said that if the International Criminal Court issues arrest warrants for government officials on charges related to waging war against Palestine, it would be a scandal of historic proportions, Reuters reports.

On Monday, Prime Minister Benjamin Netanyahu posted on X that “Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense… While the ICC will not affect Israel’s actions, it would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression.”

The Minister also said:

“The possibility that they will issue arrest warrants for war crimes against IDF (Israel Defence Force) commanders and state leaders, this possibility is a scandal on a historic scale.”

Israel Katz, the Foreign Minister of Israel, said that the potential warrants could provide a “morale boost” to Hamas but would be unlikely to impact the most senior members of Israeli leadership. He said:

“We expect the court (ICC) to refrain from issuing arrest warrants against senior Israeli political and security officials. We will not bow our heads or be deterred and will continue to fight.”

The ICC’s prosecutor Karim Khan has not confirmed the possibility of imminent arrest warrants for Israeli leaders. In October after the war broke out, Khan promised his office would scrutinize the actions of all military parties engaged in the war. He said in a statement:

“The message is that any person with their finger on the trigger of a gun or controls a missile, has certain responsibilities. My Office will look closely to see whether those responsibilities are being adhered to or not.” 

Netanyahu has asked US President Joe Biden to help prevent the International Criminal Court (ICC) in The Hague from issuing arrest warrants for senior Israeli officials accused of committing crimes in the Gaza Strip, Axios reports.

Members of US Congress from both parties are warning the International Criminal Court that arrest warrants for senior Israeli officials will be followed by US retaliation – and legislation is already being drafted.

The US has also expressed concern that the International Criminal Court could issue arrest warrants for Israeli officials just as the country is nearing a cease-fire agreement with Hamas, potentially jeopardising the deal, according to Bloomberg.

White House spokeswoman Karine Jean-Pierre told reporters on Monday:

“We’ve been really clear about the ICC investigation — we do not support it. We don’t believe that they have the jurisdiction.”

Any arrest warrants would need to be approved first by a panel of judges. Approximately 60% of the world’s countries accept the ICC’s jurisdiction, but the US and Israel are not among them. The US has never been a party to the ICC, which began its work in 2002 as a “court of last resort” for victims of genocide, war crimes and other atrocities. The US has supported Israel since the beginning of the military conflict in Gaza and now in the ICC issue is also taking Netanyahu’s side, despite the fact that US recognised arrest warrants against citizens of other countries.

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