South Dakota Senator John Thune has issued a strong warning to the International Criminal Court (ICC), threatening sanctions if it continues to pursue an arrest warrant against Israeli Prime Minister Benjamin Netanyahu. Thune’s remarks come as he is set to become Senate Majority Leader in January 2025.
The ICC issued the arrest warrant applications in May 2024, naming Netanyahu, former Israeli Defense Minister Yoav Gallant, and three Hamas leaders. The warrants cite alleged war crimes and crimes against humanity stemming from the October 7, 2023, attacks. These attacks involved Hamas-led incursions into Israel, which were met with retaliatory strikes. While the three Hamas leaders named in the warrants have reportedly been killed since, Netanyahu and Gallant remain targets of ICC investigations.
Thune criticized the ICC’s actions as both “outrageous and unlawful” and urged immediate Senate action to introduce sanctions if the court does not reverse course. He also called out Senate Majority Leader Chuck Schumer, a Democrat, for not addressing the issue. Thune stated that Republicans would prioritize sanctions legislation and other pro-Israel measures if they gain control of the Senate.
Arkansas Senator, Tom Cotton, also introduced legislation in June 2024. Cotton’s bill closely resembles a bipartisan measure passed by the House of Representatives, which seeks to impose penalties on ICC prosecutors who target citizens of the United States, Israel, or allied nations. The proposed sanctions could freeze assets, impose travel bans, and potentially disrupt the ICC’s broader operations by targeting entities that facilitate its activities.
The U.S. has long rejected ICC jurisdiction, particularly over its citizens and allied nations. This stance was solidified during the Trump administration, which imposed sanctions on ICC prosecutors investigating alleged war crimes by U.S. soldiers and CIA personnel in Afghanistan from 2003 to 2004. These sanctions were not limited to individuals but extended to service providers and financial institutions associated with the ICC. Organizations, consultants, and legal experts working with the court reportedly faced significant uncertainty due to the broad scope of the sanctions.
Richard Goldberg, a senior adviser to the Foundation for Defense of Democracies and former member of the Trump administration’s National Security Council, emphasized the effectiveness of such measures. Goldberg argued that the 2020 sanctions disrupted ICC operations and likely influenced the election of its current chief prosecutor, Karim Khan. Once in office, Khan appeared to deprioritize investigations into the U.S. and Israel, which some attributed to fear of renewed sanctions.
Goldberg warned, however, that targeting individual prosecutors might not be enough to deter the ICC this time. He suggested that lawmakers consider broader financial sanctions aimed at the court itself, which could jeopardize its funding. Countries like Japan and Germany, major contributors to the ICC, might pressure the court to withdraw the arrest warrants if their banks risk secondary sanctions for handling ICC transactions.
The ICC typically takes several months to decide on arrest warrant applications, although past cases have been resolved faster. For example, in February 2023, the court issued a warrant for Russian President Vladimir Putin within a month of the application. Whether the ICC will proceed similarly with Netanyahu remains uncertain, but growing international scrutiny and pressure from allied nations could influence the outcome.
Thune’s remarks and the GOP’s proposed legislative response signal a continuation of strong U.S. support for Israel and a rejection of perceived overreach by international bodies. If enacted, sanctions could significantly impact the ICC’s ability to function and could serve as a warning to other international organizations considering similar actions.
