New Senate majority leader John Thune addressing reporters at the US Capitol on Nov. 13, 2024 in Washington, DC. (Credit: Ting Shen/AFP)
Incoming Republican Senate Majority Leader John Thune threatened U.S. sanctions against the International Criminal Court (ICC) should it “issue arrest warrants against Israeli leaders.”
In May 2024, ICC prosecutor Karim Khan sought arrest warrants for Israel’s prime minister, Benyamin Netanyahu, the dismissed defense minister, Yoav Gallant, as well as Hamas’ leader in Gaza Yahya Sinwar, assassinated in Gaza on Oct.16, the military leader of the al-Qassam Brigades, Mohammad Deif, assassinated in Gaza on July 13, and the movement’s former political leader, Ismail Haniyeh, who was assassinated in Tehran on July 31. All assassinations are attributed to Israel.
On May 20, Prosecutor Karim Khan said that there were reasonable grounds to believe that the two Israeli leaders “bear criminal responsibility" and "crimes against humanity since at least Oct. 7, 2023," since the Gaza war erupted in the wake of Hamas-led attacks in Israel.
No unprecedented sanctions
On Nov. 17, South Dakota Republican Senator John Thune shared a message on X raising the tone against the ICC, calling their actions "outrageous and unlawful." He added that if the Court and its prosecutor "do not put an end to their actions, the Senate should immediately pass sanctions legislation."
Coming from a traditional Republican background, Thune defeated Rick Scott, the candidate backed by those close to Donald Trump, in a secret ballot vote.
The Republican Senate majority leader assured that such legislation, which he considers a "top priority," could be passed by the Congress if current Senate Democratic majority leader Chuck Schumer "doesn't intervene." It is yet another indication of the pro-Israeli orientation of Donald Trump's second-term administration, reflected by the appointments announced so far.
In an earlier move, Donald Trump signed an executive order in June 2020, at the end of his first term, authorizing sanctions against ICC officials. Three months later, Washington placed on the U.S. Treasury's blacklist the ICC top prosecutor Fatou Bensouda and Phakiso Mochochoko, head of the ICC's Jurisdiction, Complementarity and Cooperation Division. This decision followed the opening of an investigation by The Hague into war crimes committed by the U.S. in Afghanistan.
The threats from the next Senate majority leader came a week after the ICC's chief prosecutor was accused of inappropriate sexual behavior toward a member of his staff, which he said was unfounded. In his statement refuting the allegations, Karim Khan explained that "numerous attacks and threats" had been made against him and the ICC. The investigation was announced after Israeli authorities said they were counting on Donald Trump’s election as U.S. president to pressure the ICC to “neutralize” the cases against some Israeli state officials.
Israel and the United States have not ratified the Rome Statute, which established the ICC, thus reducing its scope of action against these countries.
In 2015, the court recognized Palestine as a member state, enabling it to launch investigations into crimes committed in Palestine or by Palestinian nationals.
This article was originally published in French in L'Orient Le-Jour.