Their entanglement in Israel’s war makes U.S. leaders vulnerable to legal accountability not just for aiding and abetting crimes, but for direct complicity in their commission.
The International Criminal Court (ICC) issued historic arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, charging them with war crimes and crimes against humanity. This unprecedented move against Israeli officials holds profound implications not only for Israeli leaders but also for their enablers, including the United States. As the Biden administration continues to provide billions in military aid to Israel, these warrants serve as both a warning and a call to action. To avoid complicity in these crimes, top U.S. officials should immediately halt military assistance or risk legal repercussions for continued support of Israeli war crimes.
Significantly, the ICC also has a history of issuing sealed indictments that remain confidential until the targeted individuals enter a member state. This means that beyond Netanyahu and Gallant, other Israeli officials, most likely soldiers documented committing gross crimes, likely face undisclosed warrants, with far-reaching implications for Israeli military forces and those who support their actions.
This development should serve as a wake-up call for the U.S. government. The Biden administration continues to provide billions of dollars in unrestricted military aid to Israel—$17.9 billion this year alone—despite a majority of Americans who now oppose such aid. Israeli forces have used these weapons to commit the very crimes for which the ICC has issued arrest warrants. This is not just morally indefensible; it is legally risky. Article 25(3)(c) of the Rome Statute explicitly outlines criminal liability for aiding and abetting war crimes. While the U.S. is not an ICC member state, its officials and leaders could still face prosecution for enabling crimes under the court’s jurisdiction, such as the crimes underway in Palestine.
It’s important to note that the Biden administration has not only armed Israel but has also contributed directly to operations on the ground, including intelligence sharing, targeting data, and direct military combat in Yemen and Iraq targeting armed groups who are fighting Israel. This entanglement in Israel’s war makes U.S. leaders vulnerable to legal accountability not just for aiding and abetting crimes, but for direct complicity in their commission. This moment calls for more than celebration—it demands meaningful and decisive action. For justice to prevail, the international community should rise to the occasion and ensure accountability at every level. A critical first step lies with the 124 member states of the ICC. These nations should publicly commit to upholding their obligations under international law by affirming their readiness to arrest Israeli officials if they enter their jurisdiction. Notably, countries such as the Netherlands, France, Canada, Spain, and Italy have already signaled their intent to enforce the ICC’s arrest warrants for Netanyahu and Gallant.
Beyond national commitments, ICC member states could leverage international mechanisms to restrict the movement of indicted individuals. They should work collectively to request Interpol Red Notices for Netanyahu, Gallant, and any other officials facing charges. These notices would alert law enforcement worldwide to the existence of arrest warrants, ensuring that the accused cannot travel freely without risk of apprehension and extradition. Such measures are not merely symbolic; they serve as a tangible step toward accountability, signaling to perpetrators and their supporters that the international community will not tolerate impunity.
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Equally important is the need for countries to reevaluate and sever their political and military ties with Israel’s leadership, at least as long as Netanyahu serves as Israel prime minister. This includes halting weapons sales and other forms of military cooperation with the Netanyahu government. Military aid and arms exports fuel the very crimes that the ICC is now investigating, making complicity in these actions inexcusable. By cutting ties with leaders implicated in war crimes and crimes against humanity, nations can exert pressure on Israel to change course and demonstrate their commitment to upholding justice and human rights. These steps, taken collectively, would not only support the ICC’s mission but also strengthen the principles of accountability and rule of law in international relations.
Raed Jarrar is the Advocacy Director for Democracy for the Arab World Now (DAWN).
Originally published in CommonDreams.org
