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Tuesday, November 5, 2024

Senators urge ICC probe into prosecutor's actions against Israel

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Senator Lindsey Graham, US Senator for South Carolina | Official U.S. Senate headshot

Senator Lindsey Graham, US Senator for South Carolina | Official U.S. Senate headshot

A group of six U.S. Senators, comprising both Republicans and Democrats, has urged the International Criminal Court (ICC) to investigate its Prosecutor's actions against Israel. In a letter sent on Friday, Senators Lindsey Graham, Ben Cardin, John Thune, Richard Blumenthal, Joni Ernst, and John Fetterman expressed concerns about the legality of the Prosecutor's actions.

The Senators highlighted two main issues in their communication to the Assembly of States Parties. First, they accused Prosecutor Karim Ahmad Khan of not adhering to legal procedures when applying for arrest warrants against Israeli leaders. They claim that Mr. Khan misled them regarding his intention to "meaningfully engage with the State of Israel" before proceeding with any actions, as stipulated by the Rome Statute.

Second, the Senators pointed out allegations of sexual harassment surrounding Mr. Khan and his office. These allegations were reportedly suppressed shortly before he sought arrest warrants. The Associated Press has investigated these claims further.

In response to these allegations, Mr. Khan suggested they are part of an Israeli conspiracy but did not address concerns about bias. The ICC staff union has expressed distrust in the court’s internal investigation processes and called for an independent inquiry by an external panel.

The Senators emphasized that any ICC action involving arrest warrants for Israeli officials should await a completed investigation into these serious allegations against Prosecutor Khan to maintain the court's credibility.

Concerns were also raised about potential implications for America. While Israel is currently under scrutiny by the ICC for its actions in Gaza—a non-state—the U.S., another nonmember state, could face similar investigations in the future.

Questions remain regarding President Biden's decision to lift sanctions imposed on the ICC by former President Trump in 2021 and why new bipartisan sanctions are being blocked from a Senate vote by Senator Chuck Schumer.

The Wall Street Journal Editorial Board published this editorial piece on November 1, 2024.

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