Israeli Prime Minister Benjamin Netanyahu is concerned that the International Criminal Court will issue a warrant for his arrest in the coming weeks, before President-elect Donald Trump enters office, and as Senate Democrats continue to hold up legislation sanctioning ICC officials.

Asked on Thursday about Netanyahu’s chief concerns about President Joe Biden’s remaining months in office, a Prime Minister’s Office official cited the ICC warrants against Netanyahu and former Defense Minister Yoav Gallant, ahead of the possibility that the administration could allow the U.N. Security Council to pass resolutions pressuring Israel, as former President Barack Obama did, or potential moves to restrain Israel in the case of another attack from Iran.

ICC Chief Prosecutor Karim Khan asked in May for the court’s judges to issue warrants for the arrest of Netanyahu and Gallant, as well as Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh – all of whom have since been killed – for crimes against humanity and war crimes.

The judges have yet to make a decision on the matter, and can do so at any time, without forewarning. The presiding judge, who was thought to oppose the warrants, went on medical leave two weeks ago, and was replaced by Beti Hohler, a Slovenian judge viewed by the government of Israel as less amenable to their case. 

“As President Biden said, the ICC prosecutor’s actions are outrageous,” an Israeli Prime Minister’s Office official said. “They’re also dangerous, because they could compromise the soldiers of any democracies, and the ability of democracies to fight terrorism.” 

The official called the prosecutor’s petition for a warrant “troubling and peculiar,” and noted that Khan had promised a bipartisan group of eight U.S. senators that he would not seek arrests before conducting an investigation in Israel. He did not arrive in Israel on the day he was scheduled to meet with senior Israeli officials and issued the request for warrants that day.

“There needs to be more transparency,” the official said.

The House passed the Illegitimate Court Counteraction Act, sanctioning ICC employees over Khan’s pursuit of arrest warrants for Netanyahu and Gallant. Forty-two Democrats voted for the Republican-backed bill. 

Despite Biden’s opposition to Khan’s actions and Secretary of State Tony Blinken’s stated willingness to work with Congress on “an appropriate response” to the “wrong-headed” decision, the administration warned that the bill could sanction people “who provide even limited, targeted support to the court in a range of aspects of work.”

The bill has been awaiting a Senate vote ever since. Last month, House Speaker Mike Johnson (R-LA) urged Senate Majority Leader Chuck Schumer (D-NY) to bring it to a vote when the Senate reconvenes next week.

“Now, even after Sinwar’s death, [ICC lead prosecutor] Karim Khan and the ICC are still pursuing baseless warrants against Israeli officials, and effectively punishing Israel for Hamas’ barbarism. The ICC will continue to do so without strong, unified intervention by the United States,” Johnson wrote in a letter obtained by JI. “Failing to advance a sanctions package on the ICC would distance the U.S. from Israel at a time when they need our ironclad support, give de facto approval to the ICC’s malicious treatment of Israel, and allow the ICC to threaten the sovereignty of democratic nations unabated.”

A spokesperson for Schumer, who has called the warrant request “profoundly unfair’ and “reprehensible,” told JI he continues to support bipartisan negotiations on responding to the ICC. 

Republicans in the Senate Foreign Relations Committee have held up all other committee matters until there is a vote on the ICC sanctions. Sen. Ben Cardin (D-MD), the committee chair, had reached a deal with Republicans to hold a committee vote to advance the bill in September, but the deal fell apart at the last minute.

Trump sanctioned then-prosecutor of the ICC, Fatou Bensouda, and others in 2020, in response to the court’s investigation of the U.S. military’s conduct in Afghanistan and of Israel. The Biden administration canceled the order in April 2021.

The U.S. and Israel are not parties to the Rome Statute establishing the ICC, and therefore are not members of the court. However, many countries allied with Israel have said they would comply with the court if it issued arrest warrants.

Khan argued in an interview with Der Spiegel this week that he should be able to investigate countries that are not court members.

“Is it right for a particular geographical region to be outside the law? Do Palestinians and Israelis not deserve the same legal protection as the people of Ukraine or Sudan, or the Rohingya?” he said. “Crimes are committed in every jurisdiction of the world. Our job is to make sure there isn’t any free pass.” 

Asked about his warrant request equating Netanyahu and Gallant with Hamas leaders, Khan said that “every victim is equal … It’s about equality before the law.” 

The interview did not mention that the ICC prosecutor stands accused of sexual misconduct. Khan allegedly groped a female colleague, attempted to force her into a sexual relationship and harassed her for over a year. The woman submitted a complaint to the Assembly of States Parties to the Rome Statute, the ICC’s watchdog.