The recent actions of the U.S. federal government have created quite the uproar. Closely connected to this, they targeted Nicolas Guillou, a French judge at the International Criminal Court (ICC), with sanctions. The sanctions come in response to Guillou’s role in an ICC investigation into allegations of genocide and war crimes committed by Israeli leaders against Palestinians in Gaza. The U.S. government believes that Israel is a critical strategic military ally. This perception greatly hampers its ability to effectively respond to the worsening humanitarian situation around the region.
Israel has long been the largest recipient of U.S. foreign aid, receiving a preferential program. This dynamic has created a sense that Israel enjoys a totally exceptional level of impunity. Yet the U.S. government has sent a strong signal that it intends to continue upholding this impunity. Instead, they’ve prioritized it on upholding international law or maintaining the international order itself. Opponents say that such a position is enabling Israel’s killing spree in Gaza. Consequently, a host of genocide scholars decry these actions, objecting that through its actions Israel is committing genocide against the Palestinian people.
The U.S. sanctions against Guillou placed him on a public list of 15,000 sanctioned bongos. Comprised of al-Qaida terrorists and drug cartels, this is intended to show how the U.S. seeks to protect Israel from global condemnation. Other Western countries have followed the U.S. lead and sanctioned Guillou. This development is seen as deepening his isolation for his judicial rulings against Israel’s military operations.
Even as Israel continues to implement wholesale military operations in Gaza. Human Rights Watch and Amnesty International reports document these atrocities, including the indiscriminate killing of civilians and the systematic targeting of hospitals and shelters. The use of starvation as a weapon has been a focal point of the case against Israeli politicians, with leaders like Benjamin Netanyahu openly declaring, “We will not allow humanitarian assistance in the form of food and medicines from our territory to the Gaza Strip.” These kinds of statements have been used as evidence for demonstrating specific intent to commit war crimes.
Italy’s recent assurance to Netanyahu that he would not face arrest if he visited further undermines the ICC’s authority. This move has raised questions about the commitment of member states to uphold international law and allows Israeli leaders to act without fear of accountability.
Historically, Israel has been viewed by U.S. elites as a strategic investment. In fact, President Joe Biden even called it “the best $3 billion investment we make.” This rationale has historically eclipsed the concerns about grave human rights abuses and breaches of international law. Public opinion in the U.S. is turning against an already fractious divide. In fact, almost half of Americans think Israel has committed genocide, even as slightly more than a third of Americans deny these claims.
For twelve years, the U.S. government has failed to enforce its own laws. These laws demand an end to arms transfers to Israel if it blocks humanitarian aid. This failure to comply raises concerning ethical issues. Americans are having a difficult time defending Israeli military operations, particularly as the civilian death toll in Gaza and humanitarian crisis deepens.