Scoop: Congress threatens ICC over Israeli arrest warrants
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House Speaker Mike Johnson. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images.
The International Criminal Court is being warned by members of Congress in both parties that arrest warrants for senior Israeli officials will be met with U.S. retaliation — and legislation to that effect is already in the works, Axios has learned.
Why it matters: Israeli Prime Minister Benjamin Netanyahu has gone so far as to urge President Biden to intervene to help prevent the warrants, Axios' Barak Ravid reported.
- The ICC has been investigating allegations of war crimes against both the Israeli military and Palestinian militia groups dating back to 2014.
- The White House declined to comment on Netanyahu's call with Biden but said "the ICC has no jurisdiction in this situation and we do not support its investigation."
Driving the news: House Speaker Mike Johnson (R-La.) issued a statement on Monday calling the reported warrants "disgraceful" and "lawless."
- "If unchallenged by the Biden administration, the ICC could create and assume unprecedented power to issue arrest warrants against American political leaders, American diplomats, and American military personnel," Johnson said.
- Johnson called for the Biden administration to "immediately and unequivocally demand that the ICC stand down" and "use every available tool to prevent such an abomination."
- The speaker joins several Republican lawmakers who have harshly criticized the ICC in recent days.
What we're hearing: One Republican House member told Axios there is already legislation being drafted to respond to any warrants.
- House Foreign Affairs Committee Chair Michael McCaul (R-Texas) told Axios he expects a House version of Sen. Tom Cotton's (R-Ark.) bill to sanction ICC officials involved in investigating the U.S. and its allies, but added: "We hope it doesn't come to that."
- Rep. Brad Sherman (D-Calif.) said the U.S. should "think of whether we stay a signatory" to the Rome Statute — the treaty that established the ICC.
- "We have to think about talking to some of the countries that have ratified [the treaty] as to whether they want to support the organization," he added.
Zoom in: It's not just Republicans lashing out and warning the ICC that warrants could be met with a legislative response.
- Staunchly pro-Israel Rep. Ritchie Torres (D-N.Y.) and Sen. John Fetterman (D-Pa.) have both criticized the reported warrants, with Torres calling for "strong consequences from both Congress and the President."
- "I know Congress will ensure consequences for such an absurd decision," Sherman said in a post on X.
- An ICC spokesperson did not immediately respond to a request for comment.
The other side: "The ICC is an independent body, and it needs to proceed with what they need to do," said Progressive Caucus Chair Pramila Jayapal (D-Wash.), a vocal critic of Israel.
- Rep. Mark Pocan (D-Wisc.), another progressive Israel critic, said "it's not a matter for Congress to be telling them what to be doing."
Between the lines: Several Democratic lawmakers who have been critical of Israel said they believe it's premature to weigh in on the potential warrants before they are unveiled.
- "Why don't we see what happens, and then we can evaluate based on whatever comes out," Rep. Jim McGovern (D-Mass.) told Axios.
- Rep. Dan Kildee (D-Mich.) said he has "concerns about the prosecution of the war" but "it's always a good idea to get the facts before making a judgment."
Editor's note: This article has been updated with more reporting.
