A valid warrant or a false equivalence?

In September 2020, the US sanctioned the then International Criminal Court (ICC) prosecutor Fatou Bensouda, as also restricted the issuing of visas for certain ICC officials solely because they were involved in the ICC's efforts to investigate US personnel in Afghanistan.

- HARSHA KAKAR

The ICC had indicated its intent to probe war crimes in Afghanistan. There were multiple reports of US troops being involved in them. Nothing happened, no US individual was charged. The pressure forced the ICC to back down.

In early May this year, the ICC announced that it was investigating crimes against humanity involving Israeli leaders including PM Benjamin Netanyahu and since removed Defense minister Yoav Gallant.

In response, 12 US Republican senators issued a letter threatening members of the ICC with sanctions in case it acted. They wrote, "Target Israel and we will target you. These arrest warrants would align the ICC with the largest state sponsor of terrorism and its proxy. To be clear, there is no moral equivalence between Hamas's terrorism and Israel's justified response."

Israel and the US have refused to accept the jurisdiction of the ICC. This threat from American Senators resulted in the Human Rights First organisation writing an open letter to President Joe Biden requesting him to oppose them. Nothing happened.

In March 2023, the ICC issued arrest warrants for Russian President Putin accusing him of war crimes in Ukraine. In response, President Biden commented, "He's clearly committed war crimes." Vice President Kamala Harris mentioned that those involved will be "held to account." She meant that war crimes prosecutions could only be initiated against non-US allies. Russia denounced the decision of the ICC.