US Senator threatens military action against ICC after Netanyahu arrest warrant

Middle East Monitor  /  November 22, 2024

US Senator, Tom Cotton, has threatened military action against the International Criminal Court (ICC) after it issued arrest warrants for Israeli Prime Minister, Benjamin Netanyahu, and former Defence Minister, Yoav Gallant, invoking a controversial US law known as “The Hague Invasion Act”.

In an inflammatory statement on social media, Cotton, who is funded by the notorious The American Israel Public Affairs Committee (AIPAC), declared: “The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: the American law on the ICC is known as The Hague Invasion Act for a reason. Think about it.”

The American Service-Members’ Protection Act, nicknamed “The Hague Invasion Act”, was passed in 2002 to shield US personnel and allies from ICC prosecution. The law authorises the US President to use “all means necessary and appropriate” – including military force – to free any American or allied personnel detained by the ICC in The Hague.

Cotton’s threat comes after ICC pre-trial judges issued arrest warrants yesterday for Netanyahu and Gallant on charges of using starvation as a method of warfare and crimes against humanity including murder, persecution and other inhumane acts in Gaza. The Court determined there were “reasonable grounds” that Israel’s siege and assault on Gaza “created conditions of life calculated to bring about the destruction of part of the civilian population”.

The Biden administration swiftly rejected the ICC’s decision, with White House spokeswoman, Karine Jean-Pierre, expressing “deep concern”. US politicians from both major parties have condemned the Court’s ruling, with Senator Lindsey Graham, an ally of President-elect Donald Trump, calling for sanctions against ICC officials.

ICC member states including France, UK and Canada have indicated that Netanyahu would be arrested if he entered their country. “If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC” said Emily Thornberry, Labour Chair of the Foreign Affairs Committee.