US Refusal to Sanction ICC Draws Surprise and Disappointment from Netanyahu

Prime Minister Benjamin Netanyahu has expressed his surprise and disappointment over the Biden administration’s recent announcement that it will not support sanctions against the International Criminal Court (ICC). This comes after ICC prosecutor Karim Khan requested arrest warrants for Netanyahu and Defense Minister Yoav Gallant.

In a leaked interview with Sirius XM’s “The Morgan Ortagus Show,” Netanyahu revealed his expectation that the U.S. would back the sanctions bill, citing a bipartisan consensus just days earlier. The Biden administration, while condemning Khan’s decision, stopped short of endorsing sanctions against the ICC.

“Now you say there’s a question mark and frankly I’m surprised and disappointed,” Netanyahu remarked in the interview. He reiterated these sentiments during a meeting with former U.S. ambassador to the UN Nikki Haley, criticizing Washington's decision to withdraw support for sanctioning the ICC.

Netanyahu emphasized the importance of sending a message to the ICC that free societies must retain the right to defend themselves. Last week, the U.S. condemned Khan’s request for arrest warrants not only for Israeli leaders but also for Hamas leaders Ismail Haniyeh, Yahya Sinwar, and Muhammad Deif. Washington argued that the ICC has no jurisdiction over Israel, which is not a member, and that Israel has its own credible legal systems to handle such charges.

National Security Council spokesperson John Kirby reiterated the administration’s stance during a press briefing, stating that while the U.S. does not support the ICC’s jurisdiction in this case, it also does not believe that sanctioning the court is the solution. The Republican-led effort to impose sanctions is expected to pass in the House but may face challenges in the Democratic-controlled Senate.

Congressional Democrats have shown support for a legislative response to the ICC, though many see sanctions as excessive. The White House opposes reversing President Biden’s decision to lift the sanctions imposed by former President Trump on the ICC prosecutor.

As an alternative, Congress could consider legislation that threatens sanctions against countries complying with any ICC-issued arrest warrants against Israel. While Biden has the authority to implement this unilaterally via executive order, legislative action could provide a more binding response and help mitigate criticism on Capitol Hill.

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