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Source: https://www.washingtonpost.com/opinions/2024/05/24/icc-israel-us-cotton/
It's Not Just Netanyahu, the ICC Wants to Prosecute U.S. Lawmakers Too
(Washington Post) Marc A. Thiessen - If you want to see just how out of control the International Criminal Court's prosecutor is, consider this: Not only is Karim Khan seeking charges against Israeli Prime Minister Benjamin Netanyahu for his conduct of the war in Gaza, he is threatening to prosecute members of Congress who push back on the ICC's unlawful efforts to indict the Israeli leader. On April 24, a group of senators led by Tom Cotton (R-Ark.) sent a letter warning Khan that Congress would interpret an arrest warrant for Netanyahu "not only as a threat to Israel's sovereignty but to the sovereignty of the United States" that would result in "severe sanctions against you and your institution." Khan's office responded in a statement saying that when "individuals threaten to retaliate against the Court or against Court personnel...such threats, even when not acted upon, may also constitute an offense against the administration of justice under Art. 70 of the Rome Statute." Think about that: Khan not only suggests he has the right to indict Netanyahu, but also Cotton, House Speaker Mike Johnson (R-La.) and other members of Congress seeking new sanctions on ICC officials who investigate U.S. citizens or allies. Khan has no jurisdiction to prosecute members of Congress - or any Americans - because the U.S. is not a party to the Rome Statute, which created the ICC. And the fact that he dares to threaten U.S. legislators shows why his rogue tribunal needs to be brought to heel. In 2000, my former boss, Senate Foreign Relations Committee Chairman Jesse Helms (R-N.C.), warned in Ha'aretz that Israel should not join the ICC because the court "will have an independent prosecutor answerable to no state or institution for his or her actions" who could one day issue "criminal indictments against Israeli soldiers, military commanders and government officials all the way up to the prime minister himself." To address this danger, Helms introduced the American Servicemembers' Protection Act, a law designed to punish the court for any efforts to prosecute U.S. citizens or allies. The Senate approved the measure by 75-19 and it was signed into law in 2002. Congress explicitly authorized the president to use "all means necessary" to shield U.S. citizens and allies from ICC prosecution.