Israeli Officials Hold Emergency Meeting to Discuss Possible ICC Arrest Warrants

Latest Developments

Israeli Prime Minister Benjamin Netanyahu reportedly held an emergency meeting with advisors on April 18, in response to reports that the International Criminal Court (ICC) in the Hague could soon issue arrest warrants for one or more senior Israeli officials. If arrest warrants are issued, 125 countries that are members of the ICC are obligated by treaty law to honor them.

It is unclear which specific war crimes the ICC is contemplating alleging against the Israeli officials. In 2021, the ICC opened an investigation into alleged war crimes by Israelis and Palestinians in Gaza and the West Bank, including eastern Jerusalem. These would be the first arrest warrants to be issued in that case.

Expert Analysis

“ICC arrest warrants for Israeli officials would violate the ICC’s own charter, which limits the court to examining only cases in which local judicial systems are deemed unwilling or unable to hold violators accountable. ICC prosecutor Karim Khan has himself admitted that Israel has a robust system intended to ensure compliance with the law of armed conflict. In addition, Israel, like the United States, has declined to join the ICC. ICC arrest warrants for Israeli officials would set a dangerous precedent for officials of the United States, which the ICC is still investigating for alleged war crimes relating to Afghanistan.” — Orde Kittrie, FDD Senior Fellow

“In hopes of resetting the U.S.-ICC relationship, President Joe Biden rescinded an executive order threatening sanctions on ICC officials if they pursued investigations of American or Israeli personnel. If the ICC now acts beyond its jurisdiction to indict officials from a non-ICC participating democracy that is committed to the rule of law, ICC sanctions will need to return in an unprecedented manner.” — Richard Goldberg, FDD Senior Advisor

The ICC’s Limited Jurisdiction

The ICC is a court of last resort, limited by its charter to examining only those cases which involve the most serious international crimes and in which local judicial systems are deemed unwilling or unable to hold violators accountable. ICC prosecutor Karim Khan has stated that Israel “has trained lawyers who advise commanders and a robust system intended to ensure compliance with international humanitarian law.” Issuing arrest warrants for Israelis appears incompatible with that statement.

U.S. Policy Towards the ICC

The Biden and Trump administrations and over 330 members of Congress from both parties have rejected ICC investigations of the United States and Israel as illegitimate, including because both countries have declined to join the ICC. For example, Secretary of State Antony Blinken said on April 2, 2021 that “We maintain our longstanding objection to the Court’s efforts to assert jurisdiction over personnel of non-States Parties such as the United States and Israel.” Since the ICC’s founding in 2002, every U.S. administration, of both parties, has refused to join the court, fearing the ICC’s politicization and misuse.

Sen. Tom Cotton (R-AR) has already responded to the most recent reports of potential ICC warrants for Israelis by threatening sanctions on the ICC and its officials. Cotton, along with Sens. Ted Cruz (R-TX) and Marco Rubio (R-FL), had already introduced legislation to sanction ICC officials and associates who investigate or prosecute troops and officials of the United States or of its allies, such as Israel, which do not recognize the authority of the ICC.

Related Analysis

“International Criminal Court,” by Orde Kittrie

“New ICC Prosecutor Provides Opportunity for Closing Investigations of U.S. and Israel,” by Orde Kittrie