The US also has laws against providing arms to military units that have been credibly accused of war crimes, but in Israel (also Ukraine) they simply don’t investigate allegations in order to keep the arms flowing. If Biden wants a legal casus belli to deny Israel arms, he has many to choose from, but he is actively choosing not to employ them.
He would need some kind of finding of fact in the US to support that, and that hasn’t happened AFAIK yet. The ICC has made that finding, but it wouldn’t be legally supportable to use that finding to withhold appropriated funding.
In fact the US is so NOT a member of the ICC that it’s currently federal law that if a US soldier was being held at the Hague, the US military would be obligated to invade The Netherlands in order to recover them
The US also has laws against providing arms to military units that have been credibly accused of war crimes, but in Israel (also Ukraine) they simply don’t investigate allegations in order to keep the arms flowing. If Biden wants a legal casus belli to deny Israel arms, he has many to choose from, but he is actively choosing not to employ them.
He would need some kind of finding of fact in the US to support that, and that hasn’t happened AFAIK yet. The ICC has made that finding, but it wouldn’t be legally supportable to use that finding to withhold appropriated funding.
Yeah the US isn’t even a member of the ICC.
In fact the US is so NOT a member of the ICC that it’s currently federal law that if a US soldier was being held at the Hague, the US military would be obligated to invade The Netherlands in order to recover them