Here's What Lawmakers Are Planning Should ICC Issue Arrest Warrants Against Israeli Officials

Leah Barkoukis | May 09, 2024 8:00 AM

Responding last week to reports that the International Criminal Court may be gearing up to issue arrest warrants to top Israeli officials over the nation’s war against Hamas, including perhaps Prime Minister Benjamin Netanyahu, House Republicans began preparing a legislative response—a move that would likely have bipartisan support. After all, it wasn’t just Republicans sounding off against potential action by the ICC. Rep. Ritchie Torres (D-NY) called for “strong consequences from both Congress and the President,” Sen. John Fetterman (D-PA) also criticized the reports, and Rep. Brad Sherman (D-CA) said the U.S. should "think of whether we stay a signatory" to the treaty that established the international judicial body.

Now, House Republicans are moving forward with their legislative response to sanction ICC officials should the international judicial body issue arrest warrants.

What they're saying: House Foreign Affairs Committee Chair Michael McCaul (R-Texas) confirmed the legislation is in the works and told Axios he and other GOP lawmakers have been in contact with ICC prosecutor Karim Khan.
"We want to emphasize to him that going down this road of arrest warrants is a really bad idea and it's going to blow up the relationship," he said.
"We're not sure if the arrest warrants are imminent, but it's sort of a precaution to let them know that, if they do, we have this legislation ready to go. It won't be put on the floor unless we have to."
Zoom in: McCaul said the bill would be a House companion to Sen. Tom Cotton's (R-Ark.) legislation, introduced last February, to sanction ICC officials involved in probes of U.S. allies who are not ICC members, such as Israel.
It's an idea he previously floated to Axios when news of the potential arrest warrants broke, saying at the time "we hope it doesn't come to that."
Cotton led a dozen Senate Republicans in a letter to Khan on Monday warning that arrest warrants "will result in severe sanctions against you and your institution." (Axios)

In a statement posted on social media, the ICC said its “independence and impartiality are undermined…when individuals threaten to retaliate against the Court or against Court personnel should the Office…make decisions about investigations or cases falling within its jurisdiction.”

The ICC’s Office of the Prosecutor went on to demand “all attempts to impede, intimidate or improperly influence its officials cease immediately.”