South Dakota Senator John Thune Threatens Sanctions Against ICC Over Netanyahu Arrest Warrant

South Dakota Republican Senator John Thune has threatened to impose sanctions on the International Criminal Court (ICC) if it does not withdraw its request for an arrest warrant against Israeli Prime Minister Benjamin Netanyahu.

Thune’s comments came after the ICC sought arrest warrants in May against Netanyahu, former Israeli Defense Minister Yoav Gallant, and three Hamas leaders for alleged war crimes and crimes against humanity following the October 7, 2023 attacks.

Thune, who will become Senate Majority Leader in January 2025, said on X (formerly Twitter) that if Senate Majority Leader Chuck Schumer does not take action, the Republican-led Senate would introduce sanctions legislation supporting Israel. Thune also emphasised that the Senate would prioritise this and other supportive measures for Israel in the next Congress.

Prime Minister of Israel Benjamin Netanyahu addresses the 79th session of the United Nations General Assembly on Friday, Sept. 27, 2024. (AP Photo/Pamela Smith)

The arrest warrants are part of an ongoing investigation by the ICC, which does not have jurisdiction over the United States but has attempted to target U.S. and Israeli citizens in the past. Thune’s remarks align with a bill introduced earlier by Senator Tom Cotton, which called for sanctions against ICC prosecutors pursuing legal action against U.S. or Israeli citizens.

This is not the first time the U.S. has opposed the ICC’s actions. In 2020, the Trump administration imposed sanctions on ICC officials investigating U.S. soldiers involved in alleged war crimes in Afghanistan.

Human Rights Watch noted that the sanctions, which included asset freezes and international travel bans, created uncertainty for organisations working with the ICC and had far-reaching consequences.

International Criminal Court Prosecutor Karim Khan poses during an interview with AFP at the Cour d’Honneur of the Palais Royal in Paris on Feb. 7, 2024. (Dimitar Dilkoff/AFP via Getty Images)

Experts, including Richard Goldberg, a former White House National Security Council official, have suggested that targeting the ICC’s funding could be more effective than individual sanctions. Goldberg argued that sanctions against prosecutors may not be sufficient to deter the ICC from pursuing the case against Netanyahu, as ICC Chief Prosecutor Karim Khan might view such measures as a “badge of honour.”

The ICC’s decision on Netanyahu’s arrest warrant is expected within the next three months, though the exact timeline remains unclear. The ICC’s past choices, including the arrest warrant for Russian President Vladimir Putin in February 2023, have typically been made within one month of applying.