May 6, 2024 | The Wall Street Journal
The ICC Had Better Be Ready to Reap the Whirlwind
Biden thought an olive branch would keep the court within its jurisdictional bounds. He was wrong.
May 6, 2024 | The Wall Street Journal
The ICC Had Better Be Ready to Reap the Whirlwind
Biden thought an olive branch would keep the court within its jurisdictional bounds. He was wrong.
In “Already a Travesty, the ICC Eyes Charges Against Israel” (op-ed, May 2), Eugene Kontorovich warns that the International Criminal Court may soon overstep its jurisdiction by issuing arrest warrants for Israeli officials based on specious reports provided by Hamas and its collaborators. This would be a violation of the Rome Statute, the treaty that governs the ICC, and it would represent an immediate threat to U.S. officials and service members. Washington’s response should be harsh and swift.
The U.S. and Israel, two liberal democracies with strong legal mechanisms to hold their governments and militaries accountable, aren’t ICC members. The Rome Statute is quite clear: Investigating either country is out of bounds. The ICC has an open investigation of the U.S. military, which the court placed on hold in 2021. If the ICC is allowed to indict Israeli officials, Americans will be next.
ICC members that legitimize such investigations or honor illegitimate arrest warrants are conducting lawfare against democracies. The ICC as an institution and collaborating member states must be held accountable.
In 2021 President Biden rescinded his predecessor’s executive order that threatened sanctions against anyone involved in an ICC investigation, arrest, detention or prosecution of an American or a nonconsenting ally like Israel. Mr. Biden thought an olive branch would keep the court within its jurisdictional bounds. He was wrong.
If the ICC issues a warrant for an American or Israeli, these sanctions must return with even greater scope—seizing assets and denying visas for ICC officials involved, and mandating financial sanctions against any bank that processes a transaction for the ICC. Member states that honor illegitimate ICC arrest warrants should also face a menu of diplomatic, economic and strategic consequences. The objective: Grind ICC operations to a halt and block member enforcement of illegitimate warrants.
Richard Goldberg, a senior adviser at the Foundation for Defense of Democracies, is a former National Security Council official and senior US Senate aide.