A student waves an Israeli flag as pro-Palestinian students demonstrate on the campus of Portland State University in Portland, Oregon on May 2, 2024. (Credit: Matthew Hatcher/AFP)
The International Criminal Court's prosecutor's office called on Friday for an end to what it called intimidation of its staff, saying such threats could constitute an offense against the world's permanent war crimes court.
The statement denounces attempts to undermine the court's independence and impartiality and insists that all attempts to "impede, intimidate or improperly influence its officials cease immediately."
The Court mentions individuals who "threaten to retaliate against the Court or against Court personnel should the Office ... make decisions about investigations or cases falling within its jurisdiction," and notes that such threats, "even when not acted upon, may also constitute an offense against the administration of justice."
While the statement does not mention Israel or the US by name, news of possible ICC arrest warrants issued for PM Benjamin Netanyahu and other Israeli senior officials, under the charge of committing war crimes in Gaza, has circulated widely in the last week. Israeli media reported that the Israeli government was campaigning to prevent such arrests from being made and Netanyahu asked US President Joe Biden to intervene on his behalf.
Two US officials told Axios that the Biden administration privately conveyed to ICC officials that arrest warrants against Israeli officials would be a mistake and that the US does not support it.
The Israeli government also warned the Biden administration that if the ICC issues the warrants, it will take retaliatory steps against the Palestinian Authority that could lead to its collapse, according to two Israeli and US officials who spoke with Axios.
House Speaker Mike Johnson told reporters he believes that the Biden administration must "demand that the ICC stand down and the US should use every available tool to prevent," the arrests.
Neither Israel nor its main ally the US are members of the court, and do not recognize its jurisdiction over the Palestinian territories. The court can prosecute individuals for alleged war crimes, crimes against humanity and genocide.
Foreign Minister Israel Katz said Israel expected the ICC to "refrain from issuing arrest warrants against senior Israeli political and security officials," adding: "We will not bow our heads or be deterred and will continue to fight."
On Friday, Israeli Prime Minister Benjamin Netanyahu said any ICC decisions would not affect Israel's actions but would set a dangerous precedent.
In October, ICC Chief Prosecutor Karim Khan said it had jurisdiction over any potential war crimes committed by Hamas fighters in Israel and by Israeli forces in Gaza, which has been ruled by Hamas since 2007.
On Monday, a White House spokesperson claimed the ICC had no jurisdiction "in this situation, and we do not support its investigation."