(NewsSpace.com) – In May, International Criminal Court (ICC) prosecutor Karim Ahmad Khan filed a recommendation that the court issue arrest warrants for Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. He accused them of perpetrating war crimes, including the intentional targeting of civilians, starvation, and others. The United States condemned the action and is now reportedly contemplating a legal challenge.
According to the Middle East Eye, a news publication covering news in the Middle East and North Africa, a US official revealed that the Biden Administration is considering filing an amicus curiae, or a person who isn’t a party to the case. An amicus curiae traditionally offers additional information relevant to the case at hand for a court to consider before making a decision. In this case, that third party would voice its opposition to the arrest warrants.
The unnamed official, speaking on condition of anonymity, also stated that Secretary of State Antony Blinken spoke with his United Kingdom counterpart, David Lammy, and personally asked him to challenge the court’s jurisdiction. Israel and the United States are not members of the ICC. He reportedly spoke with Lammy during the NATO summit in Washington, DC, earlier this month. The UK is a signatory to the court. The Department of State refused to comment on the matter, saying it doesn’t “comment on purported leaks.”
Per the ICC rules, an individual, non-governmental organization, or state can file an amicus curiae. However, it’s unclear whether the third party will be able to sway the ICC’s decision.
Congress has to approve any US involvement in the ICC like it did when it allowed for an exception so the US could cooperate with the court regarding Russia’s alleged war crimes. Blinken has also told Congress he would “welcome working” with them to issue sanctions against the ICC.
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