ICC to decide whether their claims against Israel are warranted while others point to false equivalency in wake of charges
The chief prosecutor, Karim Khan, is also going after Hamas leaders in the same breath - something Israel’s allies were quick to criticize. U.S. President Joe Biden reiterated his solidarity with Israel:
"Whatever these warrants may imply, there is no equivalence between Israel and Hamas, and it's clear Israel wants to do all we can to ensure civilian protection."
Defense Minister Yoav Gallant responded to the ICC prosecutor's charges against him: 'Khan's attempt to deny the State of Israel the right to defend itself must be rejected explicitly'
Outrageous, absurd and antisemitic — just some of the words used by Israeli lawmakers to describe the decision by the ICC chief prosecutor to pursue arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged violations of international law in Gaza.
The judges at the world's top war crimes court have to decide whether to issue those warrants after weighing the charges, including causing starvation as a method of war and deliberately targeting civilians.
"Congress is reviewing all options, including sanctions, to punish the ICC and ensure its leadership faces consequences if they proceed," Johnson said in a statement.
In the Senate, Majority Leader Chuck Schumer, who while expressing consistent solidarity with Israel has also not shied away from criticizing Prime Minister Netanyahu, also highlighted the false equivalency between elected Israeli officials and Hamas terrorist leaders.
“As disappointing as the ICC's decision is, it comes as no surprise because for decades and decades the ICC has shown it harbors deep biases against Israel.
"This decision suggesting an equivalency between Israel and Hamas is another glaring example of that bias against Israel. As I have said many times, there has never been and there can never be any equivalence between Israel's right to defend itself against terror and Hamas' barbarity," Schumer said.
Gallant reacted to the charges on Tuesday morning, insisting that Israel fights in accordance with the rules of international law while adding that Israel does not recognize the court's authority.
"As Minister of Defense, I stand with, support, and commend our troops, who are defending our people and fulfilling the extraordinary privilege and obligation of defending ourselves, by ourselves," Gallant wrote on his X account.
"The attempt made by the ICC Prosecutor Karim Khan to turn things around will not succeed - the parallel he has drawn between the Hamas terrorist organization and the State of Israel is despicable."
Gallant stated, "The State of Israel is not a party to the Court and does not recognize its authority. Prosecutor Karim Khan's attempt to deny the State of Israel the right to defend itself and ensure the release of the hostages held in Gaza, must be rejected explicitly."
Neither the U.S. nor Israel are signatories to the Rome Statute, which recognizes the ICC's authority and jurisdiction. Bipartisan efforts are already underway in U.S. Congress to shield the Israeli leaders, with House Speaker Mike Johnson could vote as soon as this week on a bill to sanction ICC officials who investigate U.S. citizens or allies. The bill is supported by Representative Elise Stefanik, who visited Israel this week, as well as two dozen Republican lawmakers, though it's uncertain whether it would be able to shore up enough support among Democrats.
The spokesperson for British prime minister Rishi Sunak said "This action is not helpful in relation to reaching a pause in the fighting, getting hostages out or getting humanitarian aid in." He also stated that while the ICC may have made a decision to recognize Palestine as a state, with the Palestinian Authority signing on to the Rome Statute, Britain and most other member states do not.
The ICC chief prosecutor was reportedly scheduled to visit Israel as early as next week to discuss the investigation, and his staff was set to arrive on Tuesday. Instead, Israel was informed the team did not board their flight, as Khan had announced the charges.