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White House Affirms ICC Lacks Jurisdiction in Israel-Hamas Conflict


ICC Chief Prosecutor Karim Khan affirmed that his court holds jurisdiction over potential war crimes committed by both Hamas in Israel and by Israel in Gaza.

A White House spokesperson stated on April 29 that the independent International Criminal Court (ICC) does not have jurisdiction over the Israel-Hamas war. This came after Israeli officials expressed concerns about potential arrests abroad related to Israel’s ongoing military actions in Gaza in response to Hamas’s actions.

The ICC, an organization designed to investigate, charge, and try individuals for war crimes, genocide, and crimes against humanity, is currently investigating both Hamas’s attack on Israel on October 7, 2023, and Israel’s military response in Gaza.

Israeli officials fear that Israeli Prime Minister Benjamin Netanyahu and other high-ranking government and military officials could face arrest warrants for violations of international humanitarian law in Gaza. Arrest warrants for Hamas leaders are also under consideration.

Despite these concerns, Netanyahu stated on April 26 that Israel’s actions would continue regardless of the ICC’s decision, highlighting the potential dangerous precedent it could set.

Israel’s Foreign Minister Israel Katz warned embassies on April 28 to increase security due to the risk of heightened antisemitism as a result of potential arrest warrants.

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The next day, the White House declared its support by stating that “The ICC has no jurisdiction in this situation, and we do not support its investigation.”

The concerns about arrest warrants from the ICC come shortly after Israel faced genocide charges from South Africa in the U.N.’s International Court of Justice (ICJ), responsible for managing disputes between states.

During a court session on January 12, the legal adviser of the Israeli foreign ministry, Tal Becker, argued that any acts of genocide were committed against Israel by Hamas.

Palestinian territories became ICC members in 2015, and last October, ICC Chief Prosecutor Karim Khan reiterated that the court does have jurisdiction over possible war crimes by both Hamas in Israel and Israel in Gaza.

U.S. Ambassador to the U.N., Linda Thomas-Greenfield, reassured reporters that the ICC is operating independently without interference from the U.S.

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

Katabella Roberts and Reuters contributed to this report.



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