White House rejects ICC arrest warrants for Netanyahu and Gallant over Gaza war conduct

The White House on Thursday firmly rejected the International Criminal Court’s (ICC) decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

The ICC alleges the two leaders committed war crimes and crimes against humanity during Israel’s military operations in Gaza.

A spokesperson for the National Security Council expressed the United States’ disapproval, stating, “The United States fundamentally rejects the Court’s decision to issue arrest warrants for senior Israeli officials. We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision.”

The United States reiterated its stance that the ICC lacks jurisdiction over this matter, emphasising its ongoing coordination with Israel and other partners to determine the next steps.

ICC warrants target Gaza conflict actions

The ICC issued the warrants on Thursday, alleging Netanyahu and Gallant committed “the war crime of starvation as a method of warfare” and “the crimes against humanity of murder, persecution, and other inhumane acts.”

The charges relate to actions occurring between 8 October 2023 and 20 May 2024.

In its announcement, the Hague-based court also rejected Israel’s challenges to its jurisdiction under articles 18 and 19 of the Rome Statute.

ICC Prosecutor Karim Khan sought the warrants following investigations into the Israeli military’s conduct, which has caused significant civilian casualties and a deepening humanitarian crisis.

The warrants also include charges against Hamas military chief Mohammed Deif, who is accused of directing attacks that killed civilians in Israel.

EU recognises ICC warrants as binding

On the same day, EU foreign policy chief Joseph Borrell confirmed the ICC warrants for Netanyahu, Gallant, and Deif are binding on EU member states. “The EU is committed to the international rule of law,” Borrell said, adding that member states are obligated to cooperate with the ICC’s decisions.

This declaration creates additional diplomatic complications for Israel, whose leaders could face arrest if they travel to any EU country recognising the court’s jurisdiction.

US stance raises accusations of double standards

While the United States is not a member of the ICC, it has previously supported the court’s actions against other leaders, including Russian President Vladimir Putin, over atrocities in Ukraine.

This contrasting stance has drawn criticism from UN members, particularly in the global south, who have accused the Biden administration of applying double standards in its approach to international justice.

The US government has consistently opposed ICC investigations involving Israel, aligning with its longstanding ally.

Washington’s objections include concerns about the ICC’s jurisdiction over non-member states like Israel, which has not ratified the Rome Statute.

Broader implications

The ICC’s decision adds pressure on Israeli officials, as potential arrests could complicate international travel and diplomatic engagements.

The court’s actions highlight the ongoing tension between the pursuit of accountability for alleged war crimes and the geopolitical complexities surrounding international law enforcement.

The Gaza conflict, which has now entered its second year, has caused over 44,000 Palestinian deaths and displaced nearly the entire population of the territory.

Israel’s military actions and blockade have exacerbated living conditions, causing severe shortages of essential supplies, including food, water, and medicine, and leaving the population on the brink of starvation.