The International Criminal Court's decision to issue arrest warrants for Israeli prime minister Benjamin Netanyahu and his former defense minister sparked a flurry of promises from Republican leaders to sanction the court and erode its legitimacy on the world stage.
The GOP-controlled House passed a bill earlier this year that would do just that, though Senate majority leader Chuck Schumer (D., N.Y.) blocked it from coming to a vote in the upper chamber. In a matter of weeks, however, Schumer will be in the minority—and Republicans will control both the House and the executive branch. Incoming GOP leaders in the House, Senate, and White House made clear that, come January, the ICC will face sanctions and other punitive measures.
"The ICC has no credibility and these allegations have been refuted by the U.S. government," Rep. Michael Waltz (R., Fla.), President-elect Donald Trump's incoming national security adviser, said in reference to the court's determination that Netanyahu and former Israeli defense minister Yoav Gallant are guilty of war crimes. "Israel has lawfully defended its people & borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC & UN come January."
House majority whip Tom Emmer (R., Minn.) echoed Waltz, telling the Washington Free Beacon that Republicans in the lower chamber "will continue doing everything in our power to combat this pro-terrorist, illegitimate court."
"House Republicans passed bipartisan legislation five months ago to sanction the ICC for unlawfully targeting our ally, yet it has done nothing but collect dust on Chuck Schumer's desk," Emmer said.
Sen. Lindsey Graham (R., S.C.) also took aim at Schumer. "It is time for the U.S. Senate to act and sanction this irresponsible body," he said. "Now."
Following months of debate, the ICC determined that Israel has intentionally starved Palestinians in the war-torn Gaza Strip during its yearlong war to eradicate Hamas. The charges carry little legal weight, as the United States and Israel are not members of the court.
It's unlikely that an ICC sanctions bill will land on President Joe Biden's desk before the octogenarian leaves office. Whether such a bill passes this year or in January, however, it will do so with bipartisan support. Sen. John Fetterman (Pa.), often the lone Democratic voice defending Israel from international persecution, categorically rejected the ICC's charges, indicating that the next Senate's Republican majority will have at least one ally in its fight against the court.
"No standing, relevance, or path," Fetterman wrote on X. "F—k that."
In addition to pushing for sanctions, Graham has led his own investigation into ICC chief prosecutor Karim Khan, who is accused of sexually harassing female colleagues. That investigation is also likely to ramp up come January.
The ICC, in a bid to appear neutral, also issued arrest warrants for several Hamas leaders, including military chief Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who cannot face charges because he was killed in July by an Israeli airstrike.
Israeli leaders quickly condemned the ICC after the court announced the arrest warrants. Netanyahu's office said that "no anti-Israel decision will stop Israel from defending its citizens."
The ICC's case is largely built upon allegations that Israel is using starvation as a weapon of war. The court claimed the troves of humanitarian aid entering the Gaza Strip is not enough to alleviate hunger among Palestinian civilians, though it did not mention that Hamas steals much of this aid. It also dismissed Israeli efforts to boost food deliveries in recent months.
"Decisions allowing or increasing humanitarian assistance into Gaza were often conditional," the court wrote, adding that they were "not sufficient to improve the population's access to essential goods."
Israel is also being prosecuted at a different court, the United Nations' International Court of Justice, over similar charges. The case was brought by South Africa thanks to underwriting from Iran, Qatar, and several Hamas-linked entities, the Free Beacon reported last week.
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