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House Speaker Looks to Sanction ICC Officials Over Arrest Warrants for Israel, Hamas Leaders

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House Speaker Looks to Sanction ICC Officials Over Arrest Warrants for Israel, Hamas Leaders

Mike Johnson joins the Biden administration and members of Congress on both sides of the aisle in condemning the International Criminal Court’s announcement.

House Speaker Mike Johnson (R-La.) said he is looking to introduce legislation that would allow the United States to implement sanctions on officials of the International Criminal Court (ICC).

He told reporters during the weekly GOP press conference on May 22 that bringing up such a bipartisan bill is about “getting down to the fine points.”

This was in response to Karim A.A. Khan, chief prosecutor of the Hague court, announcing on May 20 that the ICC will seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Diab Ibrahim Al-Masri for allegedly committing war crimes and crimes against humanity on and following Hamas’ Oct. 7 terrorist attack against Israel.

Testifying before the Senate on May 21, Secretary of State Antony Blinken said he is open to working with Congress on a legislative response to the ICC announcement.

Mr. Blinken said that the ICC announcement “only complicates the prospects” of getting a ceasefire and a deal for Hamas to release the hostages. He said he would “welcome working” on legislation to hold the ICC accountable, though “the devil’s in the details, so let’s see what you got, and we can take from there.”

In a May 21 interview with CNN, Mr. Netanyahu called the ICC’s announcement “beyond outrageous.”

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Mr. Gallant said on May 20 that “the parallel he has drawn between the Hamas terrorist organization and the State of Israel is despicable.”

Hamas, justifying its “armed resistance,” said in a May 20 statement that the ICC decided to “equate the victim with the executioner.”

The Biden administration and members of Congress on both sides of the aisle have condemned the ICC decision.

“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” said President Joe Biden in a statement.

“And let me be clear: whatever this prosecutor might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security.”

“The ICC has no authority over Israel or the United States, and today’s baseless and illegitimate decision should face global condemnation,” said Mr. Johnson, who is looking to have Mr. Netanyahu address Congress.

“Israel is fighting a just war for survival, and the ICC is attempting to equate Israeli officials to the evil terrorists who perpetrated the October 7th massacre,” he said in a statement.

“These actions by the ICC jeopardize efforts to bring about sustainable peace in the Middle East. It puts at risk sensitive negotiations to bring home hostages, including Americans, and surge humanitarian assistance,” said a bipartisan group of senators in a statement.

Not all lawmakers opposed the ICC move.

“The allegations from the prosecutor’s office are significant, and it has long been my belief that the absence of credible processes for justice are a key reason the conflict between Israel and Palestinians continues to escalate,” said Rep. Ilhan Omar (D-Minn.) in a statement.
“The ICC prosecutor is right to take these actions. These arrest warrants may or may not be carried out, but it is imperative that the global community uphold international law,” said Sen. Bernie Sanders (I-Vt.) in a statement.

House GOP Conference Chairwoman Elise Stefanik (R-N.Y.) and Rep. Chip Roy (R-Texas) introduced a bill, the Illegitimate Court Counteraction Act, on May 7 that would sanction and refuse to admit into the United States ICC officials involved in investigating or prosecuting current and former U.S. officials and those of its allies not under the ICC’s jurisdiction.

Sen. Tom Cotton  (R-Ark.) has introduced a bill that would sanction Mr. Khan and his office.

The ICC was founded in 2002 and has prosecuted war criminals, trying 31 cases resulting in 10 convictions.

Fugitives include Russian leader Vladimir Putin, who is wanted for allegedly unlawfully deporting children from Ukraine to Russia amid the conflict between the two countries since Russia’s invasion in February 2022.

There are 124 countries that have signed the Rome Statute, which grants the ICC  jurisdiction over member countries.

The United States and Israel are not members.

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