Antony Blinken, the US Secretary of State, expressed his intention to work with Congress on legislation to penalize the International Criminal Court (ICC), after the court applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Blinken made these comments during a State Department budget hearing with the Senate Foreign Relations Committee, in response to the court’s decision to issue warrants for the Israeli officials as well as senior Hamas officials, including Yahya Sinwar. This signals the Biden administration’s openness to taking action against the ICC for what they view as a “profoundly wrongheaded decision”.

Lawmakers from both parties, including Republican Sen. James Risch, expressed concerns about the ICC’s actions and are considering legislation to address the matter. Blinken indicated his willingness to work with Congress on a bipartisan basis to address the issue of the ICC involving itself in the affairs of countries with independent, legitimate, and democratic judicial systems. The Biden administration also faced questions about its condemnation of the ICC’s actions while continuing to support the court’s investigation into Russian war crimes during the invasion of Ukraine. Defense Secretary Lloyd Austin confirmed that the US will continue to support the ICC’s work in holding people accountable for war crimes and crimes against humanity.

President Biden has made it clear that the US stands with Israel and supports their efforts to protect civilians. In response to the ICC’s actions, the Biden administration condemned the court’s decision to apply for arrest warrants against Israeli officials on charges of war crimes and crimes against humanity. House Republicans, led by House Speaker Mike Johnson, are considering sanctions against the ICC to ensure accountability for its leadership and its actions. Johnson emphasized the importance of punishing the ICC and preventing it from threatening leaders of other countries in the future, including the United States.

Despite the Biden administration’s condemnation of the ICC’s actions in relation to Israeli officials, they continue to express support for the court’s investigations into war crimes committed in Ukraine. State Department spokesperson Matthew Miller reiterated the importance of the ICC’s work in holding individuals accountable for war crimes and crimes against humanity. The Biden administration is still reviewing the situation and considering issuing a more comprehensive response to the ICC’s applications for arrest warrants.

Under the Trump administration, ICC officials were sanctioned through an executive order in 2020 in response to the court’s investigation of possible war crimes by US military and intelligence officials in Afghanistan. However, the Biden administration later lifted these sanctions in the following year. The current administration’s approach to the ICC reflects a complex balance between condemning specific actions of the court while still supporting its general mission and objectives in holding perpetrators of war crimes accountable. Overall, the situation highlights the challenges of navigating international justice issues and the complexities involved in US policy towards the ICC.

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