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US senator threatens military action against ICC over Netanyahu indictment

Senator Tom Cotton speaks at a press conference following being elected the Republican Senate Conference Chair by the Senate Republican caucus in Washington, DC on November 13, 2024.

US Senator Tom Cotton has threatened military action against the International Criminal Court (ICC) after it issued arrest warrants for Israeli prime minister Benjamin Netanyahu and the regime’s former minister of military affairs Yoav Gallant, invoking a controversial US law known as “The Hague Invasion Act.”

In a post on X, Cotton, who receives financial support from the notorious American Israel Public Affairs Committee (AIPAC), pointed to the American Service-Members’ Protection Act, also known as the “Hague Invasion Act”.

“The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: the American law on the ICC is known as The Hague Invasion Act for a reason. Think about it,” wrote the hawkish senator. 

The Hague Invasion Act was passed in 2002 to shield US personnel and allies from ICC prosecution. The law authorizes the US president to use “all means necessary and appropriate” – including military force – to free any American or allied personnel detained by the ICC in The Hague.

Cotton’s threat comes after ICC’s Pre-Trial Chamber I issued arrest warrants on Thursday for Netanyahu and Gallant “for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024.”

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

The court determined there were “reasonable grounds” that Israel’s siege and assault on Gaza “created conditions of life calculated to bring about the destruction of part of the civilian population.”

Since October of last year, the American-Israeli genocidal campaign in the Gaza Strip has claimed the lives of nearly 44,100 people, leaving significant portions of the Palestinian enclave in ruins.

The regime’s acts of aggression have also resulted in nearly 3,600 deaths and over 15,200 injuries among the Lebanese population.

Following the issuance of the arrest warrants, the Biden administration swiftly rejected the ICC’s decision, with White House spokeswoman, Karine Jean-Pierre, expressing “deep concern.”

US politicians from both major parties also condemned the court’s ruling, with Senator Lindsey Graham, an ally of President-elect Donald Trump, calling for sanctions against ICC officials.

However, ICC member states including France, the UK and Canada have indicated that Netanyahu would be arrested if he entered their country.

“If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC,” said Emily Thornberry, Labour Chair of the Foreign Affairs Committee.


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