US warns ICC action on Israel would hurt cease-fire chances
The worry is that Israel would back out of a truce if the ICC proceeds with the warrants, according to two of the people, who asked not to be identified discussing private deliberations
The US and its allies are concerned that the International Criminal Court may issue arrest warrants for Israeli officials just as the country is getting closer to a ceasefire agreement with Hamas, potentially jeopardising a deal, people familiar with the matter said.
The worry is that Israel would back out of a truce if the ICC proceeds with the warrants, according to two of the people, who asked not to be identified discussing private deliberations. Group of Seven nations have begun a quiet diplomatic effort to convey that message to the Hague-based court, the people said.
The ICC is weighing arrest warrants targeting both senior Israeli officials as well as the leadership of Hamas over the two sides' conduct of the war in Gaza, the people said. The New York Times previously reported that Israeli Prime Minister Benjamin Netanyahu could be among those targeted.
The US opposes the investigation and argues that the ICC doesn't have jurisdiction in this situation, according to the US officials. Two of the people said that the gap between Israel and Hamas, an agreement to release hostages had narrowed in recent weeks and that a deal was now close. Hamas is designated as a terrorist organisation by the US and European Union.
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An ICC spokesperson declined to comment, and White House spokespeople didn't immediately comment.
US Secretary of State Antony Blinken urged leaders of the militant group to quickly reach a decision on Israeli conditions for a temporary ceasefire. Israel has been "extraordinarily generous" with proposals made during talks mediated by Qatar and Egypt to secure the release of Israeli hostages held by Hamas, Blinken said at a special event of the World Economic Forum in Riyadh on Monday.
"The eyes of the world should be on Hamas saying 'take this deal,'" U.K. Foreign Secretary David Cameron told the WEF meeting. "We're in a better place potentially than we've been for a while."
The New York Times reported Monday that Israel is ready to accept the release of 33 hostages, down from at least 40, during the first phase of a new truce. Hamas has said it can't free 40 women, elderly or sick captives as demanded in return for a six-week ceasefire because it doesn't have enough hostages in that category.
Group of Seven allies have been pushing Israel to put off an incursion into Rafah, where more than a million Palestinians have taken refuge. An agreement could help bring an end to fighting in Gaza and put off the assault on the city, one of the people said.
On Oct. 7, Hamas attacked Israel in surprise raids, killing over 1,200 people and taking around 250 as hostages. More than 34,000 Palestinians were killed in the ensuing Israeli campaign, according to the Hamas-run health ministry in Gaza. The US and other G-7 nations have repeatedly urged Netanyahu to do more to protect civilians in Gaza, while remaining staunch allies and suppliers of arms.
The US has never been a party to the ICC, which began its work in 2002 as a "court of last resort" for victims of genocide, war crimes and other atrocities. President Joe Biden revoked sanctions imposed on the ICC during the Trump administration and has cooperated in some cases, especially around allegations of Russian war crimes in Ukraine.
The court's chief prosecutor, Karim Khan, said in February that he was deeply concerned about the conduct of Israeli forces, as well as of Hamas fighters holding Israeli hostages. "Those who do not comply with the law should not complain later when my office takes action pursuant to its mandate," he said at the time.
The ICC works separately from the International Court of Justice, the UN's main judicial body, which can't try or punish individuals. That court ruled in January that Israel must act to prevent Palestinians from being killed or injured in response to a genocide case brought by South Africa.
Foreign Minister Israel Katz on Sunday instructed all his country's missions worldwide to prepare for a wave of antisemitism, anti-Jewish and anti-Israeli outbreaks, following reports of the possible warrants. He said issuing the warrants would harm Israel forces and "provide a morale boost to the terrorist organisation Hamas and the axis of radical Islam led by Iran against which we are fighting."
Disclaimer: This article first appeared on Bloomberg, and is published by special syndication arrangement.
