Trump’s Security Advisor Warns ICC Against Arresting Netanyahu

The recently selected national security advisor for U.S. President-elect Donald Trump issued a stern warning to the International Criminal Court following its decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israel’s prior defense minister, and the military leader of Hamas, charging them with severe war crimes.

Rep. Mike Waltz (R-Fla.), an outspoken proponent of Israel’s military actions in Gaza, expressed on social media that he considers the ICC to lack any credibility, despite its recognition by 124 nations globally, including Germany, the United Kingdom, and other key allies of the U.S.

Waltz also mentioned that the accusations by the ICC had been dismissed by the U.S. government, referring to the Biden administration’s controversial claim that Israel’s operations in Gaza were justified.

Claiming that “Israel has rightfully defended its citizens and borders against genocidal terrorists,” Waltz affirmed that the upcoming Trump administration would confront what he termed “antisemitic prejudice” at both the ICC and the United Nations.

The reaction from Waltz to the arrest warrants provides insight into the aggressive stance that the future Trump administration and the Republican-led Congress are likely to adopt regarding global attempts to hold the Israeli government responsible for alleged war crimes in Gaza, many committed using American weapons.

“We should brace for Trump’s administration to aggressively target the ICC and the [International Court of Justice] in ways that could significantly undermine the international system,”
stated Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft.

Parsi noted, “However, it’s important to remember that Biden did the same.”

Following the ICC’s chief prosecutor’s request for arrest warrants against Netanyahu, Gallant, and leaders from Hamas in May, U.S. Secretary of State Antony Blinken released a statement challenging the legitimacy of these requests and reasserting the administration’s stance that the court “has no jurisdiction over this matter.”

Earlier this year, Blinken also hinted at backing potential sanctions against the ICC, a move that Republicans, including the upcoming leader of the GOP Senate majority, Sen. John Thune (R-S.D.), have advocated.

Both the U.S. and Israel do not recognize the ICC, however, the court claims jurisdiction over Israeli actions in Gaza since Palestine is an ICC member state. The Biden administration has faced accusations of hypocrisy concerning ICC jurisdiction, especially after endorsing the court’s arrest warrant for Russian President Vladimir Putin.

As of the time of writing, the U.S. State Department has yet to comment on the ICC warrants for Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri. The department
postponed its routine press briefing on Thursday.

“The European Union and other significant democratic nations should immediately implement measures to ensure the safety and integrity of the International Criminal Court and its personnel.”

Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), announced on Thursday that the ICC’s arrest warrants “mark a significant milestone for justice and accountability, and are virtually the only hope for preserving international law at a time when U.S.-endorsed Israeli impunity appears genocidal.”

“Every member state of the International Criminal Court—and even its former advocates like the U.S.—must promptly arrest Prime Minister Netanyahu and former Defense Minister Gallant whenever possible,” Whitson urged.

Michael Schaeffer Omer-Man, DAWN’s director of research for Israel-Palestine, emphasized that “given the threats already issued by President-elect Trump and existing U.S. laws known as the ‘Hague Invasion Act,’ the European Union and other major democratic powers should immediately enforce measures to safeguard the safety and integrity of the International Criminal Court and its staff.”

The ICC operates without its own police force, relying on its member states to enforce arrest warrants.

Josep Borrell, the European Union’s chief diplomat,
declared on Thursday that the ICC’s warrants “must be respected and executed.”

“This ruling is a compulsory decision for all state parties of the court, which includes all members of the European Union,” Borrell further stated.