The US on Monday defended its differing stances on the arrest warrants issued by the International Criminal Court (ICC) for Russian and Israeli officials, asserting that the two cases are fundamentally distinct.
“I don’t think there is any equivalence between the case that the ICC has brought against Russia and the case that it has brought against Israel,” State Department spokesman Matthew Miller told reporters when asked about the difference in the US approach to the ICC’s arrest warrant for Russian President Vladimir Putin and its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
He highlighted significant differences between the two countries, saying that “Russia is not a democracy, does not have a functioning, independent legal system, and is not investigating violations of international humanitarian law by its soldiers. Israel, on the other hand, is a democracy with an independent court system that has hundreds of open cases into allegations against its soldiers. It is important that these processes be allowed to proceed.”
Israeli authorities have been investigating several reported war crimes stemming from the Israeli army’s deadly offensive in Gaza since last October, but tangible outcomes remain rare.
The US has recently urged Israel to conclude its investigation into the killing of Turkish-American activist Aysenur Ezgi Eygi during a peaceful protest in the West Bank, an inquiry that has been ongoing for over two months with no accountability.
Additionally, an investigation into the killing of six-year-old Palestinian girl Hind Rajab in Gaza has not resulted in accountability after nearly 10 months.
Last year, US Secretary of State Antony Blinken expressed support for the ICC’s arrest warrant against Putin, urging member states to comply with their obligations under the court. However, Washington opposes ICC warrants targeting Israeli leaders, saying the court does not have jurisdiction over the matter because Israel is not a member of the court.
When pressed on the fact that neither Russia nor Israel is a member of the ICC, Miller pointed to jurisdictional differences.
“Ukraine is a sovereign state that has granted its jurisdiction to another country to intervene for them, which sovereign states can do. There is no sovereign state of Palestine,” he said, reiterating US support for a two-state solution while defending the ICC’s lack of jurisdiction over Israel.
-‘Every country has to make their decision’
Miller, however, did not call on countries to reject the ICC’s arrest warrants for Netanyahu and Gallant, adding: “Every country has to make that decision for themselves.”
Republican US Sen. Lindsey Graham threatened to sanction US allies if they enforce ICC arrest warrants on Israeli leaders.
Asked about possible steps, Miller said the US will consult with its allies and partners to decide on how to move forward.