Human rights organizations are calling on US President Joe Biden’s administration to oppose threats against the International Criminal Court (ICC) following its chief prosecutor’s decision to seek arrest warrants against Israeli officials. This move has sparked significant backlash in Washington.
In a public letter to President Biden on Thursday, over 100 global organizations urged the US government to “oppose any legislative efforts to undermine the ICC.” The letter emphasized the importance of maintaining the ICC’s independence to ensure justice for victims of human rights violations.
“The ability of the ICC to provide justice for victims requires full respect for its independence. A selective approach to judicial decisions undermines the credibility, and ultimately, the force of the law as a shield against human rights violations and abuses,” the letter stated. Among the signatories were Human Rights Watch, Amnesty International USA, and the US Campaign for Palestinian Rights.
This appeal followed ICC Prosecutor Karim Khan’s announcement on Monday that he was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three senior Hamas officials. Khan accused these leaders of war crimes and crimes against humanity related to Israel’s actions in the Gaza Strip, which have resulted in over 35,500 Palestinian deaths since early October. The charges include intentional attacks on civilians, willful killings, and the use of starvation as a weapon of war.
The announcement was met with immediate condemnation from pro-Israel lawmakers in both the Democratic and Republican parties, including President Biden, who called the decision “outrageous.” Some Republican lawmakers have called for Congress to pass bipartisan legislation imposing sanctions on ICC officials in response to the arrest warrant requests.
Republican Senator Lindsey Graham expressed strong support for such measures on social media, stating, “It is imperative that the Senate, in a bipartisan way, comes up with crippling sanctions against the ICC – not only to support Israel but to deter any future action against American personnel.”
During a congressional hearing on Tuesday, US Secretary of State Antony Blinken indicated the administration’s willingness to collaborate with lawmakers on punitive legislation against the ICC. “I think we have to look at the appropriate steps to take to deal with, again, what is a profoundly wrongheaded decision,” Blinken said.
President Biden, shortly after taking office in 2021, had lifted sanctions against ICC officials that were imposed by his predecessor, Donald Trump. This move was part of Biden’s broader effort to re-engage with international institutions. At that time, the administration emphasized its commitment to the rule of law, access to justice, and accountability for mass atrocities.
Despite this stance, the Biden administration has consistently provided strong diplomatic and military support for Israel during the Gaza conflict, amidst widespread criticism and calls to condition US aid to Israel, which includes at least $3.8 billion in annual military assistance and additional support during the current conflict.
The US has historically had a contentious relationship with the ICC. Neither the US nor Israel are parties to the Rome Statute, which established the ICC, and both countries do not recognize its jurisdiction. In contrast, Palestine, as a nonmember observer state at the United Nations, accepted the ICC’s jurisdiction in 2015, allowing the court to investigate alleged crimes in the occupied Palestinian territories.
In their letter, the human rights groups urged the Biden administration to ensure disagreements with the ICC’s processes are addressed through proper judicial channels. “We welcomed press statements by your administration in recent weeks indicating that it does not support ‘threats or intimidation’ of ICC officials,” the letter read. “We urge you to oppose any legislative efforts to undermine the ICC, and to make clear that regardless of its views on specific ICC investigations, the United States continues to support independent international justice mechanisms.”
