The Netherlands-based International Criminal Court was accused of being deeply antisemitic and politicized, ignoring facts and jurisdiction to conduct lawfare against democracies that defend themselves against terrorism. The ICC’s indictment of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes was seen as an attempt to delegitimize a free democracy exercising its right to self-defense. The accusations were based on false claims and unreliable sources, and were outside the ICC’s jurisdiction as Israel is not a member of the court.

American policy should now focus on pressuring allies to defund the ICC and imposing financial sanctions to halt its operations. The ICC’s actions against Israel were seen as part of a multi-front war to destroy the Jewish state, with the court partnering with Iran-led forces to undermine Israel under the guise of international law. The double standard of the ICC becomes apparent when looking at the lack of action against some of the world’s worst perpetrators of crimes against humanity, while targeting Israel, a democracy that has taken measures to reduce civilian casualties in conflict.

The threat posed by the ICC is not hypothetical, as the US faces an active investigation into alleged war crimes in Afghanistan. Defending Israel from the ICC’s lawfare is crucial to protecting American soldiers and officials from future unfounded allegations. The ICC’s actions against Israel showcase a double standard and political nature, as some of the world’s most evil regimes have not faced any action by the court. European countries that fund the ICC, like Japan, Germany, the United Kingdom, and France, must make a choice between supporting democracy and the rule of law or siding with terrorist sympathizers using lawfare to undermine both.

Washington should respond decisively by threatening financial sanctions against any bank processing transactions for the ICC, freeze assets and deny visas to its officials. The ICC should not be seen as a symbolic institution but one that is misusing law as a weapon of war. As the ICC’s actions could potentially target the United States in the future, it is crucial for the US to take a stand against the court and protect its allies from baseless accusations and lawfare. The ICC’s disregard for facts, jurisdiction, and impartiality showcases its bias and the need for countries to take a firm stance against the institution.

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