The effort, described by officials familiar with the matter, involved diplomatic pressure and behind-the-scenes negotiations. The ICC had been investigating alleged war crimes by Israeli forces and Palestinian militant groups since 2021, and in November 2024 issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant. [1], [4]
The ICC has been investigating alleged war crimes committed in the Palestinian territories since March 2021, covering actions in the West Bank, East Jerusalem, and Gaza. On May 22, 2024, Chief Prosecutor Karim Khan announced he was seeking arrest warrants for Netanyahu, Gallant, and three Hamas leaders for "war crimes and crimes against humanity." [3] The warrants were issued in November 2024, six months after the application. [1]
Israel has consistently rejected ICC jurisdiction, with officials calling the probe politically motivated. U.S. President Joe Biden at the time called the arrest warrants "outrageous," stating, "Whatever the ICC might imply, there is no equivalence - none - between Israel and Hamas." [9] Prime Minister Netanyahu labeled the move an "antisemitic move." [9] The ICC itself warned against attempts to intimidate the court, issuing a statement in May 2024 that underscored the gravity of the situation. [8]
According to the Middle East Eye report, Senator Graham leveraged his position on the Senate Foreign Relations Committee to lobby against ICC action. The report stated that Netanyahu directed Israeli diplomats to coordinate with Graham's office. Recordings from 2024, obtained by the outlet, allegedly capture discussions about using sexual misconduct claims against Khan to delay the warrants. [10]
Netanyahu's personal diary for 2024, published by the Israeli non-profit Hatzlacha, reveals seven meetings and nine phone calls with Graham during the year. [15] In a subsequent interview, Khan described threats he received from both former British Foreign Secretary David Cameron and Senator Graham. [16] A former U.S. official quoted in the report said the effort included threats to impose sanctions on ICC officials if warrants were issued. This tactic aligns with broader U.S. pressure, including a May 2024 statement by then-Secretary of State Antony Blinken expressing readiness to collaborate with Congress on ICC sanctions. [2]
Graham's office did not respond to requests for comment, according to the Middle East Eye report. The Israeli government declined to address the specific allegations, with a spokesperson reiterating that Israel acts within international law. Human rights groups cited by the report criticized the alleged collaboration, calling it an attempt to obstruct justice. [10]
Khan, who was suspended as ICC prosecutor in June 2026 amid misconduct allegations he denies, has accused member states of waging a "dangerous" campaign to remove him due to his investigation into Israeli leaders. [14], [17] A judicial panel cleared Khan of the misconduct allegations, but the court's executive body disregarded the findings. [14] The report noted that Khan had been exonerated and was "perplexed" that the case had not been closed. [16]
The report noted that any delay in ICC warrants would hinder accountability for alleged atrocities. Legal analysts quoted said the move could undermine the ICC's credibility and set a precedent for political interference by powerful states. The U.S. is not a party to the Rome Statute but has previously threatened sanctions to protect allies from ICC action. [5], [6]
In August 2025, the U.S. imposed direct financial sanctions on four ICC officials involved in authorizing the warrants. [6] Additionally, reports indicated that arrest warrant applications against Israeli ministers Itamar Ben Gvir and Bezalel Smotrich were ready but may be buried under U.S. threats. [7] These actions raise questions about the court's ability to function independently when faced with pressure from major powers.
The full extent of the alleged coordination between Graham and Netanyahu remains unclear, the report stated. Further evidence may emerge as more sources speak to journalists, according to researchers cited by Middle East Eye. The ICC has not confirmed any issuance or delay of arrest warrants beyond the existing ones. [10]
Netanyahu arrived in Washington on July 28, 2026, for meetings with President Donald Trump and to attend Graham's funeral, traveling through the airspace of ICC member states without incident. [11], [13] Amid the controversy, a July 2026 Economist/YouGov poll found that 49% of Americans believe the U.S. should enforce the ICC warrant for Netanyahu's arrest. [12]