Congress warns ICC on Israel probe

Senators James Cardin and Rob Portman have dispatched a bipartisan letter to Secretary of State Mike Pompeo urging the administration to defend Israel from the probe by the International Criminal Court. There are several dozen signatories, including Democratic Party leading lights Kamala Harris and Amy Klobuchar. The signatories express general support for the ICC’s mission but argue that the prosecutor has gone dangerously off course in Palestine:

We believe the Prosecutor’s decision to investigate the Israeli-Palestinian situation and request to the Pre-Trial Chamber to determine the Court’s jurisdiction over disputed territories constitutes a dangerous politicization of the Court and distorts the purposes for which the court was established. As the world’s only permanent international court, the ICC is intended as a court of last resort for the prosecution of the most serious international crimes. The ICC can only consider allegations brought to it by states, yet “Palestine” does not meet the criteria to qualify for that designation. The ICC has never formally investigated any accusations within disputed territories; doing so now unfairly targets Israel. Additionally, ICC rules prohibit it from prosecuting cases against a country that has a robust judicial system willing and able to prosecute war crimes of its personnel. Therefore, the ICC’s mandate should not supersede Israel’s robust judicial system, including its military justice system.

Pompeo has needed little urging to confront the ICC about its work in Palestine and Afghanistan (where the court has launched an investigation that includes scrutiny of U.S. personnel). But the letter is a reminder that Congress will have a role to play in shaping American policy toward the court—and a glimpse of current sentiment on the Hill.