The question on many minds today is simple yet profound: Where is President Joe Biden as Israel faces potential legal peril at the hands of the International Criminal Court (ICC)?
The ICC, established to prosecute individuals for war crimes, genocide, and crimes against humanity, operates under the Rome Statute. Notably, Israel and the US are not members of the ICC, each for distinct reasons. The US has long been wary of ceding its sovereignty to an international body with broad prosecutorial powers. At the same time, Israel has avoided joining due to ongoing conflicts in the West Bank and Gaza, where the ICC claims jurisdiction.
A recent article in The Jerusalem Post highlighted that the ICC might be poised to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and IDF Chief of Staff Herzl Halevi. This possibility has alarmed Israeli officials, prompting Netanyahu to declare that Israel would never accept any ICC attempt to undermine its inherent right to self-defense.
תחת הנהגתי, ישראל לעולם לא תקבל כל ניסיון של בית הדין הפלילי בהאג לערער את זכותה הבסיסית להגן על עצמה.האיום נגד חיילי צה״ל ואישי הציבור של ישראל, הדמוקרטיה היחידה במזרח התיכון והמדינה היהודית היחידה בעולם, הוא שערורייתי.לא נכנע לו.ישראל תמשיך עד לניצחון במלחמתנו הצודקת נגד…
— Benjamin Netanyahu - בנימין נתניהו (@netanyahu) April 26, 2024
Despite these concerns, President Biden's administration has remained relatively quiet, leading to the question: why isn't Biden defending Israel against the ICC's potential overreach? While US House Speaker Mike Johnson has called on the ICC to "stand down on this immediately," Biden's reluctance to intervene has raised eyebrows.
The US has historically been a strong ally of Israel, sharing a common understanding of the threats posed by terrorist organizations like Hamas. However, Biden's administration has taken a more cautious approach to the ICC, rescinding former President Donald Trump's order to sanction the ICC if it indicted Israeli leaders. This shift in policy could be seen as contributing to the ICC's emboldened stance against Israel.
Moreover, a Wall Street Journal editorial urged the US and the UK to intervene, noting that ICC Chief Prosecutor Karim Khan's candidacy was championed by Britain and supported by the US. It suggested that Biden's administration risks setting a dangerous precedent for prosecuting democracies defending themselves against terrorism if it continues its current course.
Setting the right example
As Israel wages its just war against Hamas and other terrorist groups, the US must take a firm stance against ICC overreach. If the ICC continues on its current path, it not only threatens Israel's right to self-defense but also endangers the soldiers and officials of all democracies fighting savage terrorism. The time for Biden to act is now, before the ICC becomes a "kangaroo court," as former US Ambassador to Israel David Friedman has warned.
The US administration's hesitance to defend Israel from potential ICC prosecution raises serious concerns. As a critical ally, the US must stand with Israel to ensure its inherent right to self-defense and resist attempts by international bodies to undermine the fight against terrorism. Where is Biden? It's time for him to step forward and defend a democratic ally before it's too late.