Advertisement

Opinion | It’s complicated: US-ICC ties alternate between hostility and support, when it suits Washington’s interests

  • The US supported the ICC since Russia’s invasion of Ukraine, but condemned the arrest warrant for Israel’s leaders as ‘outrageous’
  • Washington’s ‘case-by-case’ strategy of support has seen it cooperate with the ICC when it aligns with US interests

Reading Time:4 minutes
Why you can trust SCMP
The International Criminal Court in The Hague, Netherlands. Photo: AP
This week, the prosecutor of the International Criminal Court (ICC) applied for arrest warrants for three Hamas leaders, as well as Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, in connection with the ongoing war in Gaza.
Advertisement
The reaction of the United States, Israel’s main backer, was swift. President Joe Biden condemned the prosecutor’s action against Israel’s leaders as “outrageous” and accused the ICC of drawing false moral equivalence between Hamas and Israel.

While it is not yet clear if the ICC’s judges will decide to issue the warrants for Netanyahu and Gallant, the Biden administration has already hinted at the possibility of imposing US sanctions against ICC officials.

Yet, just a year ago, when the ICC issued arrest warrants for Russian President Vladimir Putin and another Russian official for alleged international crimes in the Ukraine war, US officials were full of praise for the court. Biden welcomed the action, calling it “justified”.
Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant in October 2023. The ICC has issued arrest warrants for both Netanyahu and Gallant. Photo: Pool via Reuters
Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant in October 2023. The ICC has issued arrest warrants for both Netanyahu and Gallant. Photo: Pool via Reuters

Since the Russian invasion of Ukraine, in fact, the US has continually displayed its support for the ICC. One top US official, the ambassador-at-large for global criminal justice, said the ICC “occupies an important place in the ecosystem of international justice”.

Advertisement
Advertisement