The U.S. should not seek to retaliate when the International Criminal Court takes action against a U.S. ally after the U.S. applauds the same action against adversaries.
President Joe Biden’s criticism of the International Criminal Court prosecutor’s decision to apply for arrest warrants for those responsible for alleged war crimes and crimes against humanity in Israel and Gaza is unwise and undermines U.S. credibility.that he was applying for arrest warrants against three Hamas leaders and two Israeli officials relating to the Oct. 7 attacks in Israel by Hamas and Israel’s response.
This issue is not new to the ICC. The state of Palestine formally became a party to the Rome Statute, which created the ICC, in January 2015. In May 2018, Palestine asked the ICC prosecutor to investigate possible crimes within the ICC’s jurisdiction in Gaza, the West Bank and East Jerusalem. In February 2021, thethat it had jurisdiction over “Gaza and the West Bank, including East Jerusalem.
While they undeniably inconvenienced the ICC prosecutor, ICC investigators were undaunted in their work and the ICC’s reputation was strengthened, not diminished, as they continued to do their jobs despite U.S. pressure. Indeed, in that instance,that while the U.S. disagreed with the ICC’s investigation in Afghanistan, the best way to address U.S. concerns was through dialogue, not sanctions.
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