ICC Chief Prosecutor Karim Khan confirmed that the court has jurisdiction over potential war crimes committed by both Hamas in Israel and by Israel in Gaza.
The White House spokesperson stated on April 29 that the International Criminal Court (ICC) has “no jurisdiction” over the Israel-Hamas conflict, following concerns expressed by Israeli officials about potential arrests abroad related to Israel’s military actions in response to Hamas’ actions in Gaza.
The ICC, an organization focused on investigating and trying individuals accused of war crimes, genocide, and crimes against humanity, is currently conducting investigations into both Hamas’ attack on Israel on Oct. 7, 2023, and Israel’s military response in Gaza.
Israeli officials are apprehensive about the possibility of arrest warrants being issued for Israeli Prime Minister Benjamin Netanyahu and other high-ranking government and military officials for violations of international humanitarian law in Gaza. There is also consideration for arrest warrants for Hamas leaders.
Israeli Prime Minister Netanyahu stated on April 26 that Israel’s actions will not be influenced by any decisions made by the ICC in The Hague, but expressed concerns about the potential dangerous precedent that could be set.
Foreign Minister Israel Katz cautioned Israeli embassies on April 28 to heighten security measures due to the anticipated increase in antisemitism following the potential issuance of warrants.
“We expect the ICC to refrain from issuing arrest warrants against senior Israeli political and security officials,” Mr. Katz said. “We will not back down or be deterred; we will continue to stand firm.”
The White House spokesperson affirmed the following day that the ICC does not have jurisdiction in the Israel-Hamas conflict and that the U.S. does not support the investigation.
Last October, ICC Chief Prosecutor Karim Khan confirmed that his court does have jurisdiction over potential war crimes committed by both 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 stated to reporters.
Katabella Roberts and Reuters contributed to this report.