A bipartisan group of senators is calling on President Biden to make full use of his authority if the International Criminal Court (ICC) issues arrest warrants for Israeli officials over the war in Gaza.
In a letter led by Sen. Marco Rubio (R-Florida) delivered Thursday night, the lawmakers say Biden should enforce the American Service Members Protection Act of 2002 if the ICC targets Israelis.
Under that law, the president is empowered to use “any means necessary” to free any U.S. or allied personnel arrested by the international court.
“It is outrageous that the ICC makes a political calculation to target Israel, which only further undermines the Court’s legitimacy and harms efforts to promote peace between Israelis and Palestinians. Under the American Service Members Protection Act of 2002 (PL 107-206), the President is given broad authority to respond to these types of ICC actions, and we urge you to fully implement the law should the Court pursue actions against Israel,” the lawmakers wrote.
Rubio was joined by Senators Jacky Rosen (D-Nev.), Tim Scott (RS.C.), Joe Manchin (DW.V.), Chuck Grassley (R-Iowa) and Kirsten Gillibrand (DN.Y.).
ICC Chief Prosecutor Karim Khan is reportedly seeking to bring charges against Israeli officials for their conduct of the war in Gaza, in particular for allegedly blocking or preventing humanitarian aid from reaching the territory’s population.
The ICC’s jurisdiction in Gaza and Israel is unclear, as Israel is not a member, but the Palestinian Authority is an observer entity that recognizes the court’s authority.
The United States, Israel, Sudan and Russia signed the Rome Statute of the ICC – the treaty that created the court – but later rescinded their membership.
The ICC holds jurisdiction over individuals in member states accused of war crimes, crimes against humanity or genocide.
Given that Israel is not a party to the ICC, the court does not have jurisdiction over acts committed within the country, but it remains unclear whether the ICC would have jurisdiction over Israeli individuals in Gaza, or ordering actions in Gaza.
Republicans in the House and Senate have called for legislation to sanction any ICC officials who target citizens of non-ICC member states, although U.S. officials have largely welcomed the ICC’s actions against Russians, including President Vladimir Putin, for the actions of that country in Ukraine.
Although the lawmakers in the new letter did not reference the Russian case, they made two distinctions, noting that Israel’s actions were motivated by a Hamas attack on the Israeli homeland on October 7, 2023, and that Israel has a functional judiciary and independent. able to prosecute any abuses.
“ICC rules prohibit the Court from prosecuting cases against citizens of a country with an independent judicial system. As a democratic country with a robust judicial system, including a military justice system, Israel is capable and has proven its ability to carry out its own processes. Furthermore, since October 7, Israel has exercised its right under international law to self-defense in response to an armed attack. Israel has taken significant steps to protect Palestinian lives as Hamas uses civilians as human shields,” the lawmakers wrote.
This story originally appeared on thehill.com read the full story
