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US Secretary of State Antony Blinken expressed his desire to collaborate with Congress on legislation to penalize the International Criminal Court (ICC) following its application for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Blinken stated this during a State Department budget hearing with the Senate Foreign Relations Committee, calling the decision by the ICC “profoundly wrongheaded.” This reflects the Biden administration’s willingness to take action against the court for its actions against Israeli officials, as indicated by Blinken’s comments.

The ICC’s chief prosecutor Karim Khan also issued warrants for senior Hamas officials, including Yahya Sinwar, the leader in Gaza. Lawmakers from both parties, including Republican Sen. James Risch, expressed concern about the ICC’s interference in countries with independent and legitimate judicial systems. Blinken responded by stating that he is open to working with Congress on legislation and emphasized the importance of bipartisanship in handling this issue. The Biden administration has firmly opposed the ICC’s decision to issue warrants against Israeli officials and has faced criticism from various lawmakers.

President Biden has emphasized that Israel is taking steps to protect civilians and clarified that the situation is not genocide. Lawmakers, including House Speaker Mike Johnson, have condemned the ICC’s actions and are exploring options to sanction the court. The Biden administration has come under scrutiny for condemning the ICC while still supporting its investigation into Russian war crimes in Ukraine. Defense Secretary Lloyd Austin reaffirmed the US’s commitment to supporting the ICC in investigations related to crimes committed in Ukraine during a news conference.

State Department spokesperson Matthew Miller reiterated the US’s support for the ICC’s work in holding individuals accountable for war crimes and crimes against humanity. The administration is taking the time to carefully review the ICC’s applications and may issue a more comprehensive response in the future. The Trump administration previously imposed sanctions on ICC officials in 2020 over investigations into possible war crimes by US military and intelligence personnel in Afghanistan, which the Biden administration lifted the following year. This history underscores the complexities and challenges surrounding the relationship between the US and the ICC.

In summary, the Biden administration, led by Secretary of State Antony Blinken, is working with Congress to potentially penalize the ICC for its recent actions against Israeli and Hamas officials. Lawmakers from both parties have condemned the ICC’s interference in countries with legitimate judicial systems and are exploring sanctions. Despite this, the US continues to support the ICC in investigating war crimes, including those committed in Ukraine. The administration’s response to the ICC’s actions reflects the delicate balance between promoting accountability for war crimes while also asserting national sovereignty and protecting diplomatic relations. The ongoing discussions and potential legislative developments with regard to the ICC demonstrate the complex dynamics at play in international criminal justice and US foreign policy.

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