For months, Joe Biden has found himself in a difficult situation.
The US president has been caught between staunch supporters of Israel following the October 7 attack and young and Muslim voters urging him to leverage his influence to prevent further harm to the Palestinian people.
A recent development has intensified this discomfort.
The International Criminal Court (ICC) pursuing an arrest warrant against Israeli leaders has created a rift between Biden and his European allies.
What has happened?
Karim Khan, the chief prosecutor of the International Criminal Court (ICC), has sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh. Khan has charged them with crimes against humanity in Israel and Gaza. Although Netanyahu and Gallant are not at immediate risk of arrest, this move underscores Israel’s increasing isolation on the global stage.
Israeli leaders, including Netanyahu, have denounced the ICC’s actions as disgraceful and antisemitic. President Joe Biden has also criticized the prosecutor, affirming Israel’s right to defend itself against Hamas. Biden labeled the effort to arrest Netanyahu and Gallant over the Gaza conflict as “outrageous,” asserting, “whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”
The decision to issue arrest warrants rests with a panel of three judges, who typically take two months to deliberate. Since Israel is not a member of the ICC, Netanyahu and Gallant are not immediately threatened by prosecution. However, the potential warrants could complicate their international travel plans.
Stances of Biden’s allies
According to NBC, significant US allies, including France and Belgium, have defended the ICC’s independence.
“Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators,” stated Belgium’s Foreign Affairs Minister Hadja Lahbib on X.
Politico reported Slovenia’s foreign ministry emphasizing that war crimes “must be prosecuted independently and impartially regardless of the perpetrators.”
“Accountability is crucial to prevent atrocities and to guarantee peace,” the ministry wrote. The French foreign ministry has highlighted the necessity of strict adherence to international humanitarian law, particularly regarding the unacceptable civilian losses in Gaza and insufficient humanitarian access.
France supports the ICC, its independence, and the fight against impunity in all situations,” the ministry added.
Germany acknowledged the court’s independence but expressed concern that the warrants for Israeli and Hamas leaders might create “the false impression of equivalence.”
Conversely, other US allies have sided with Israel.
NBC quoted UK Prime Minister Rishi Sunak, who said the move was “not helpful to reaching a pause in the fighting, getting hostages out, or humanitarian aid in.”
Czech Prime Minister Petr Fiala condemned the ICC Chief Prosecutor’s proposal, calling it “appalling and completely unacceptable” to issue an arrest warrant for representatives of a democratically elected government alongside leaders of an Islamist terrorist organization.
