Tensions Mount As Governments Reveal Support Or Opposition To International Criminal Court’s Intention To Prosecute Netanyahu
US Sen. Chris Murphy voted Wednesday to block the sale of offensive weapons to Israel in light of the unfolding carnage in Gaza. Murphy split with Connecticut’s other senator and fellow Democrat on the vote and was one of less than 20 to support the measure, which comprised three resolutions.
The Joint Resolutions of Disapproval (JRD) were introduced by US Sen. Bernie Sanders, the Vermont senator who caucuses with the Democrats but is otherwise unaffiliated with any political party. The resolutions specified three types of offensive weapons: bomb guidance kits, tank and high explosive mortar rounds, Sanders explained, adding that the vote is the only available mechanism to prevent a pending US arms sale to Israel valued at over $20 billion.
Murphy released a statement about his votes on Wednesday:
“I continue to support Israel’s right to defend itself in the wake of the horrific attacks of Oct. 7. Since last October, I have consistently supported sending Israel the military aid it needs, totaling more than $18 billion, to ensure that Hamas cannot launch another similar attack,” Murphy wrote. “But that funding cannot and should not be a blank check. As with aid to all US partners, there are rules that Israel must comply with – especially regarding the protection of innocent civilians and provision of humanitarian aid. We should make sure that our military aid is being used to pursue a goal shared by the US and Israel – the destruction of Hamas’ military capability – and not a goal that is contrary to US security interests – the destruction of a path to a future Palestinian state.”
“I’ve supported Israel’s right to defend itself, but also a cessation of fighting to enable the return of the hostages, more humanitarian aid, reduction in civilian casualties, and a path toward normalizing relations between Israel and other nations in the region. I was sympathetic to the resolutions’ goals, but felt they were the wrong vehicle. They were aimed at Netanyahu, but harmed Israel,” Blumenthal said in a statement to CTNewsJunkie.
Pro-Palestine groups – who had led efforts to lobby Murphy and Blumenthal to support Sanders’ JRD – welcomed Murphy’s vote, but said he needs to do more to better represent his constituents’ views on the question of Palestine.
Representatives for the CT Palestine Solidarity Coalition, which comprises Jewish Voice for Peace New Haven, Hartford Jewish Organizing Collective, as well as Muslim Advocacy for Rights, Unity and Fairness-CT, sent a statement to CTNewsJunkie on the vote:
“We welcome Sen. Chris Murphy’s vote to block arms sales to Israel – a decision that reflects the values of the majority of Americans and the growing movement for justice in Connecticut – but this vote alone is insufficient to halt the ongoing genocide of the Palestinian people in Gaza. If Sen. Murphy is truly committed to his principles and to representing his constituents, he must take bold and decisive action by advocating for a total arms embargo while leveraging his influence and his congressional appointments to hold Israel accountable for its actions. Our coalition will keep organizing across Connecticut to demand an end to arming Israel, an end to the genocide, and a steadfast commitment that our state and federal taxes, pensions, and other resources go toward supporting our communities here.”
Less than a day after the resolution was defeated in the US Senate, the International Criminal Court (ICC) in the Hague issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, as well as Hamas military commander Mohamed Deif, whom Israel killed in July.
In its decision, the ICC accused Netanyahu and Gallant of committing war crimes and crimes against humanity, including the use of starvation as a method of warfare.
“There are reasonable grounds to believe that [Netanyahu and Gallant] intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the ICC statement reads.
In a speech Thursday, Netanyahu called the court’s decision “antisemitic” and accused ICC Prosecutor Karim Khan of corruption.
“This is an antisemitic act that has one goal, to deter me, to deter us from exercising our natural right to defend ourselves against our enemies, who rise up against us to destroy us, accusing the state of Israel of genocide, while we are working to defend ourselves from an enemy who is trying to commit genocide against us,” Netanyahu said.
The court also has accused the two Israeli officials of intentionally targeting Gaza’s civilian population, with at least 44,000 Palestinians – an estimated 70% of whom are civilians – reported killed.
The court said there is also probable cause to believe Deif committed war crimes and crimes against humanity during the Hamas-led attack against Israeli communities on Oct. 7, 2023, which saw nearly 1,200 Israelis killed – including at least 800 civilians, according to the Israeli government – with 250 taken hostage, of whom around 100 are still believed to be alive but hidden in or below Gaza in Hamas’s tunnels.
United Nations experts also concluded in March that there were reasonable grounds to believe that Hamas and other Palestinian militants also committed acts of sexual violence against Israelis during the Oct. 7 attack.
The vote on the weapons transfer indicates that members of the US Senate are moving toward a different approach to relations with Israel as the war with Hamas unfolds. International law matters to the extant that nation-states are willing participants.
Countries that are party to the Rome Statute – which is the treaty that established the ICC – are now required to enforce the International Criminal Court’s decision, which would entail the apprehension of Netanyahu and Gallant to face charges. As such, countries have been signaling their willingness, or unwillingness, to abide by the court’s decision.
In the European Union, Italy, France, Belgium, Spain, the Netherlands and Jordan have all confirmed their support for the ICC. Hungary and Germany have said they won’t arrest Netanyahu or Gallant.
Canada has signaled support for the ICC. However, the US – which is not an ICC member state – has contested the ICC’s jurisdiction over the matter.
Senate Republicans have said they’ll sanction EU states that enforce the ICC’s decision.
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