White House Says ICC Has ‘No Jurisdiction’ in Israel-Hamas War

An exterior view of the International Criminal Court in the Hague, Netherlands, on March 31, 2021. Piroschka van de Wouw/Reuters

The independent International Criminal Court (ICC) has “no jurisdiction” over the Israel-Hamas war, a White House spokesperson said on April 29, after high-ranking Israeli officials expressed concern about being arrested abroad on charges related to Israel’s ongoing military action in Gaza in response to a massacre by Hamas.

The organization created to investigate, charge, and try individuals, instead of states, accused of war crimes, genocide, and crimes against humanity has ongoing investigations into both Hamas’s attack on Israel on Oct. 7, 2023, as well as Israel’s military response to the terrorist group in Hamas-ruled Gaza.

Israeli officials are worried that arrest warrants could be issued against Israeli Prime Minister Benjamin Netanyahu and other high-ranking government and military officials for violations of international humanitarian law in Gaza, according to Israeli media. Arrest warrants for Hamas leaders are also being considered.

Mr. Netanyahu said on April 26 that Israel’s actions would not be affected by a decision from the ICC at The Hague, but any decision would set a dangerous precedent.

Foreign Minister Israel Katz warned Israeli embassies on April 28 to increase security due to the risk of a “wave of severe antisemitism” as a result of the potential warrants.

“We expect the court (ICC) to refrain from issuing arrest warrants against senior Israeli political and security officials,” Mr. Katz said. “We will not bow our heads or be deterred and will continue to fight.”

The White House, the following day, backed its ally, as a spokesperson stated, “The ICC has no jurisdiction in this situation, and we do not support its investigation.”

The threats of arrest warrants from the ICC come a few months after the state of Israel faced charges of genocide from South Africa in the U.N.’s International Court of Justice (ICJ), which oversees disputes between states.

“If there were acts of genocide, they have been perpetrated against Israel,” the Israeli foreign ministry’s legal adviser, Tal Becker, told the court on Jan. 12. “Hamas seeks genocide against Israel.”

The ICC was created more than 20 years ago. While the United States and Israel both signed the court’s founding document, the Rome Statute of the International Criminal Court, in 2000, neither nation is an active participant in it.

However, Palestinian territories earned ICC member status in 2015, and last October, ICC Chief Prosecutor Karim Khan stated that his court did have jurisdiction over potential war crimes committed both by Hamas in Israel and by Israel in Gaza.

“The ICC is an independent organization, and their efforts are being undertaken without any contact or interference by the U.S.,” U.S. Ambassador to the U.N. Linda Thomas-Greenfield told reporters on Monday.

The ICC has also recently issued arrest warrants against Russian officials for actions in its war against Ukraine, including Russian President Vladimir Putin. However, Russia does not recognize the ICC and the Kremlin has denied all allegations made.

Katabella Roberts and Reuters contributed to this report.