‘Corrupt to its Core’: World Reacts to ICC Warrants Against Netanyahu and Gallant

Latest Developments

• U.S. Officials React to Warrants: After the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on November 21, U.S. President Joe Biden said that the act was “outrageous,” adding that “whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas.” Senator Lindsey Graham (R-SC) said that the ICC is “corrupt to its core” and a “rogue and politically motivated organization.” A bipartisan statement released by Senator Graham along with Senator John Fetterman (D-PA) and incoming Senate Majority Leader John Thune (R-SD) warned that “Acquiescing to the Court’s jurisdiction over Israel is to agree, in theory, they have jurisdiction over the United States.”  

• Several Countries Confirm Compliance With ICC Warrants: Numerous countries that are parties to the Rome Statute released statements confirming their intended compliance with the ICC warrants, including Italy, the Netherlands, Spain, Switzerland, Lithuania, Canada, Ireland, South Africa, Jordan, Norway, and Sweden. Hamas also praised the warrants as an “important step towards justice.” Turkish Foreign Minister Hakan Fidan said that the ICC warrants were “justice being served.”

• Other Countries Voice Support for Israel: Argentine President Javier Milei issued a scathing condemnation of the ICC arrest warrants, saying that “the decision disregards Israel’s legitimate right to defend itself from the constant attacks of terrorist organizations.” Additionally, he announced that Argentina was “advancing a historic memorandum with Israel, a bilateral alliance … against terrorism and dictatorship.” Hungarian Prime Minister Viktor Orban said that the arrest warrants were “brazen, cynical, and complete unacceptable,” inviting Netanyahu to visit Hungary. Jan Bartosek, a member of the Chamber of Deputies of the Czech Republic, called on his fellow parliamentarians to consider suspending ties with the ICC. Germany distanced itself from outright compliance with the arrest warrants, with Foreign Minister Annalena Baerbock saying, “we are now examining exactly what this means for us in terms of its international application.”

FDD Expert Response

“With Trump due to begin a second term in January, foreign governments will need to think hard about whether they are going to comply with the ICC’s illegitimate warrants. If any foreign government arrests Netanyahu or Gallant, U.S. law authorizes the president to shut the ICC down and even take military action to liberate them. The American Servicemembers Protection Act (aka the ‘Hague Invasion Act’) provides that ‘[t]he President is authorized to use all means necessary and appropriate to bring about the release of any’ official of the United States, or of allies including Israel, specified by name in the statute, ‘who is being detained or imprisoned by, on behalf of, or at the request of’ the ICC. Given the dangerous precedent that these warrants set for U.S. officials, Trump may welcome the opportunity to vigorously implement his authorities under the act.” — Orde Kittrie, Senior Fellow

“The consequences for this baseless and illegitimate act of lawfare could be much farther-reaching than the ICC or its boosters expect. The United States has the ability to effectively shut down the ICC by imposing secondary sanctions on the institution, making it all but impossible for the organization to function. Given the threat the ICC now poses to the United States, that move would be wholly defensible and warmly welcomed by the majority of the houses of Congress. ICC employees may want to find new work sooner rather than later because the bank that processes their paychecks could soon be in the crosshairs.” — Richard Goldberg, Senior Advisor

“Hamas’s approval of the ICC warrants comes as no surprise. In fact, this is all part of the terrorist group’s strategy of increasing civilian suffering on both sides to provoke international condemnation of Israel. Israel has gone to great lengths to avoid civilian casualties, including by sending warnings to evacuate fighting zones, and has facilitated the transfer of humanitarian aid while under fire from Hamas. Meanwhile, the Iran-backed terrorist group burned, raped, and murdered its way through southern Israel and vows to do so again. Putting them in the same boat shows how disconnected the court has become from reality. And those countries welcoming the ICC decision should be ashamed to be in the same boat as Hamas in cheering on this kangaroo court.” — David May, Research Manager and Senior Research Analyst

FDD Background and Analysis

“‘Expect a Strong Response’: ICC Issues Arrest Warrants Against Israel’s Prime Minister and Former Defense Minister,” FDD Flash Brief

“Senate Committee Postpones Consideration of Bill Sanctioning ICC Officials,” by Orde Kittrie

“ICC Prosecutor Defends Seeking Arrest Warrants for Israeli Leaders,” FDD Flash Brief