The reasoning behind the Biden administration’s decision to refrain from sanctioning the ICC

The Biden administration’s sudden reversal on sanctioning the International Criminal Court of Justice has sent shockwaves through the political landscape, with lawmakers and human rights groups expressing concern over the move.

The initial push for sanctions came after the ICC’s prosecutor called for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. Republican Senator Lindsey Graham, at a Senate hearing, expressed his desire for bipartisan efforts to sanction the ICC, to which Secretary of State Antony Blinken responded positively.

However, just days later, the White House backtracked on its stance, with spokesperson John Kirby stating, “We don’t believe that sanctions against the ICC is the right approach here.” This sudden shift caught Israel off guard, with Prime Minister Benjamin Netanyahu expressing disappointment at the Biden administration’s change in position.

Analysts suggest that this flip-flop highlights the Biden administration’s complex policy on Gaza, as it navigates between supporting its closest Middle East ally and facing growing isolation on the world stage. The administration’s struggle to push Israel for a ceasefire while dealing with internal Democratic Party divisions over the Gaza conflict adds to the complexity of the situation.

The move to sanction the ICC drew criticism from human rights experts, with 121 groups warning President Biden against punitive actions that could harm global victims and undermine US efforts to champion human rights. The suggestion of sanctions also appeared contradictory, given Biden’s previous support for the ICC’s decision to issue an arrest warrant for Putin in 2023.

While some pro-Israel Democratic lawmakers supported the call for sanctions, key senior Democrats opposed the move. Congressman Brad Sherman suggested visa bans for ICC officials, but Senator Chris Murphy expressed confusion over the proposal. Press Secretary Karine Jean-Pierre made it clear that the administration would not support Congressional sanctions against the ICC.

Adam Weinstein, from the Quincy Institute for Responsible Statecraft, warned that sanctioning the ICC would set a dangerous precedent, questioning whether the US would sanction the court every time it targeted an ally. The decision by the ICC to seek arrest warrants for Israeli officials has also diplomatically isolated both Israel and the US, with some major European powers affirming their commitment to implementing the court’s decisions.

European Union’s foreign policy chief Josep Borrel emphasized that EU countries are obligated to respect and implement the ICC’s decisions, further complicating the situation for the US and Israel.

The Biden administration’s U-turn on sanctioning the ICC reflects the challenges of balancing international relations, human rights concerns, and domestic political dynamics. As the administration grapples with these complexities, the world watches closely to see how it navigates these delicate diplomatic waters.