Hundreds of US lawmakers have signed onto two letters to Secretary of State Mike Pompeo urging him to continue his “vigorous support of Israel as it faces the growing possibility of investigations and prosecutions by the International Criminal Court” over potential war crimes in the West Bank and Gaza Strip.  

The letters, spearhead by Sens. Ben Cardin, D-Md., and Rob Portman, R-Ohio, as well as Reps. Elaine Luria, D-Va., and Mike Gallagher, R-Wis., were a key agenda item for the American Israel Public Affairs Committee at its annual Capitol Hill lobby day in March.

“The ICC can only consider allegations brought to it by states, yet ‘Palestine’ does not meet the criteria to qualify for that designation,” the 331 lawmakers argued. “The ICC has never formally investigated any accusations within disputed territories; doing so now unfairly targets Israel.”

The letter goes on to argue that “the ICC’s mandate should not supersede Israel’s robust judicial system, including its military justice system” and that the court “does not have a mandate to determine whether the relevant territories are part of the state of Israel or occupied Palestinian lands.” The lawmakers also accuse ICC prosecutor Fatou Bensouda of “making a political judgement that biases any subsequent investigation or trial.”