The Pentagon has voiced its rejection of the International Criminal Court’s decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. Deputy Pentagon press secretary Sabrina Singh stated during a press briefing that the U.S. “fundamentally rejects” the ICC’s decision, citing concerns over the prosecutor’s rush to seek arrest warrants and emphasizing that the ICC does not have jurisdiction over the matter. The ICC charged Netanyahu and Gallant with “crimes against humanity and war crimes,” such as the use of starvation as a method of warfare and targeting civilians.

President Biden also condemned the ICC’s decision to issue arrest warrants against the Israeli leaders, calling it outrageous and emphasizing that there is no equivalence between Israel and Hamas. Israeli President Isaac Herzog echoed these sentiments, denouncing the court’s actions and calling the decision a mockery of universal justice. Herzog pointed out that the ICC’s decision ignores Hamas’ use of human shields and terror attacks that initiated the conflict, as well as Israeli hostages remaining in Gaza. Israel made efforts to block the ICC from approving the arrest warrants, arguing that the court has no jurisdiction over Israel, but these challenges were ultimately rejected.

Israel also made procedural challenges to the ICC’s decision, which were also rejected. The ICC proceeded with issuing the arrest warrants as part of the “territorial jurisdiction of Palestine,” despite Israel’s objections. This move comes shortly after Senate Majority Leader-elect John Thune threatened to impose sanctions on the court if it moved forward with the arrest warrants. The United States does not officially recognize the ICC’s authority, and it has taken steps in the past to halt the court’s actions. In 2020, the Trump administration opposed attempts by the ICC to investigate U.S. soldiers and CIA operatives for alleged war crimes in Afghanistan, resulting in sanctions against ICC prosecutors.

Biden’s administration reversed these sanctions shortly after taking office. The rejection of the ICC’s decision by the Pentagon, President Biden, and Israeli officials reflects a strong stance against the court’s actions and a defense of Israel’s security and position in the conflict. The criticism of the ICC for its handling of the situation, including its alleged bias and exclusion of key factors in the conflict, underscores the ongoing tensions and complexities surrounding international justice and accountability in cases of alleged war crimes and crimes against humanity. The pushback against the ICC’s decision highlights the broader geopolitical dynamics at play and the differing perspectives and interests of the parties involved.

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