The indictment of Israeli leaders by the International Criminal Court (ICC) this week has reignited tensions among Democrats regarding Israel’s actions in Gaza during its ongoing conflict with Hamas. Supporters of Israel within the Democratic Party quickly criticized the ICC’s decision, accusing the court of being biased toward Palestinians and undermining Israel’s right to protect itself from terrorism.
Liberal voices, particularly those critical of Prime Minister Benjamin Netanyahu, applauded the ICC’s actions. They argued that the humanitarian crisis in Gaza, resulting from Israeli military operations, justified the court’s intervention.
Democratic leaders in the White House and Congress, while currently aligning with Israel in the short term, will need to address the growing divide within their party over the issue, which has historically been a point of contention.
Democratic leaders find themselves caught in the crossfire of party divisions over Israel’s military response
Since Hamas’s deadly October 7, 2023, attack, which killed over 1,000 Israelis and took hundreds of hostages, the Democratic unity has fractured. Though most Democrats support Israel’s right to self-defense, Netanyahu’s aggressive military response, resulting in the deaths of over 44,000 Palestinians, has led to increased criticism from more liberal lawmakers.
They have accused Netanyahu of human rights violations and are now calling for President Biden to halt weapons shipments to Israel. Among those critical of Israel’s actions are progressive Democrats, who have praised the ICC for issuing arrest warrants for Netanyahu and his former defense minister, Yoav Gallant, on charges of war crimes and crimes against humanity in Gaza.
Rep. Hank Johnson (D-Ga.) emphasized that the scale of human rights violations in Gaza warranted the ICC’s involvement. Rep. Pramila Jayapal (D-Wash.), head of the Congressional Progressive Caucus, called the ICC’s move a crucial step in ensuring accountability for wartime actions.
On the other side of the debate, Israel’s closest Democratic allies argue that Israel is defending its borders against threats from Hamas, Iran, and other regional forces. They were not reassured by the ICC’s move to also indict Hamas leader Mohammed Deif, seeing it as an attempt to equate the actions of Israeli leaders with those of terrorists.
Rep. Brad Schneider (D-Ill.) firmly disagreed with the ICC’s actions, stating that Israel is in an existential fight and that the court’s decisions are misguided. While neither the United States nor Israel subscribes to the ICC’s charter, meaning the court has limited authority to prosecute citizens of those countries, critics argue that the indictment sends a dangerous message about the morality of the conflict.
Rep. Dan Kildee (D-Mich.) highlighted that while antisemitism is a real concern
Schneider further asserted that peace in the region remains the ultimate goal, but actions like the ICC’s indictments only make achieving that peace more difficult. Democratic leaders have largely sided with Schneider, with President Biden calling the arrest warrants “outrageous” and House Minority Leader Hakeem Jeffries (D-N.Y.) calling the ICC’s decision “shameful.”
In response to the charges, Netanyahu has accused the ICC of antisemitism, but some Democrats on Capitol Hill have pushed back against this accusation. They argue that criticizing Israeli government actions does not equate to antisemitism.
Rep. Dan Kildee (D-Mich.) highlighted that while antisemitism is a real concern, it does not mean Netanyahu is beyond reproach for his handling of the Gaza conflict, especially regarding restrictions on humanitarian aid and the limited access for foreign journalists. Kildee stopped short of declaring Netanyahu guilty of war crimes but did express concern over his conduct.
This debate is already affecting internal discussions among House Democrats as they analyze their recent electoral losses. Rep. Joaquin Castro (D-Texas) argued that the party’s failure to speak out forcefully in defense of Palestinian civilians during the escalating humanitarian crisis in Gaza contributed to the poor performance in the elections.
This discussion will likely continue to challenge Democratic leadership, especially as they head into the next Congress, where Republicans, with President-elect Trump in the White House, will control both chambers.
Jayapal is already pushing for congressional action to ensure that U.S. foreign aid complies with the Leahy law, which bars assistance to countries that violate human rights, while also praising the ICC for upholding international law.
She pointed out that if other nations, such as Russia, were accused of similar actions in a conflict, the U.S. would not hesitate to support international calls for accountability. “The evidence is clear,” she said. “What is happening in Gaza is collective punishment, and international law has been violated.”
