Brandeis Center Co-Signs Letter to the Biden Administration Regarding the ICC’s Investigation of Israel

The Brandeis Center and other Jewish advocacy organizations, led by the National Jewish Advocacy Center, co-signed a letter addressed to President Biden and Secretary of State Antony Blinken regarding the International Criminal Court’s (ICC) recently-opened investigation into Israel for alleged war crimes in the West Bank, Gaza Strip, and East Jerusalem. The letter notes that the Biden Administration has already condemned the ICC’s investigation, but it reinforces why such a position is necessary:

Unfortunately, for years, the [Palestinian Authority] has sought to use international organizations and international courts to avoid a directly negotiated path to peace. Successive administrations from both sides of the aisle have unequivocally supported negotiations as the key to a peaceful future. As a result, since 2014 the United States has made clear in annual appropriation legislation — adopted by a massive bipartisan majority every time — that if the PA were to initiate an ICC investigation, or if they were actively to support such an investigation, the United States would cut funding for the PA…

Despite these clear warnings, the PA did initiate, and does continue to openly and officially support, such an investigation, and by law must be held to account for the willful disrespect of and disregard of American laws, values, and interests.

The ICC’s investigation into Israel became a possibility when the ICC awarded Palestine, a non-state actor, the status of “statehood” in spite of prevailing legal principles that would have precluded this. Neither the United States nor Israel are members of the ICC and both countries have robust judicial systems, making the investigation an overreach of jurisdiction that transgresses international norms. As the letter states, “In ignoring these facts, the Court violates its own rules along with the fundamentals of international law, including respect for sovereignty, consent, and complementarity with national legal systems.”

The letter concludes by making the following recommendations to President Biden and Secretary Blinken:

  1. Maintain and strictly enforce existing U.S. sanctions and travel restrictions on ICC prosecutors and personnel who are engaged in, or who material assist, the ICC’s unlawful investigations of the U.S. or U.S. allies, including Israel…
  1. Maintain the closure of the Palestine Liberation Organization’s mission in Washington, DC, based on the Palestinian Authority’s initiation of and support for the ICC investigation against Israeli nationals for alleges crimes against Palestinians.
  1. Work with Congress to maintain the loss of funding to the Palestinian Authority, based on the PA’s initiation of and support for the ICC investigation.

Recently, Biden has lifted sanctions and travel restrictions on the ICC’s chief prosecutor, Fatou Bensouda, and its head of jurisdiction, Phasiko Mochochoko, sending mixed messages from the administration regarding its position on the ICC. Israel has responded to the investigation by announcing on April 8th that it would not cooperate, rejecting the accusations of war crimes and emphasizing the fact that it is capable of investigating itself.