Joe Biden and his political opponents have sharply criticized Khan’s announcement, arguing the court does not have jurisdiction over the Gaza conflict and raising concerns over process.

At an earlier hearing on Tuesday, Blinken said he would work with Congress on an appropriate response, calling the ICC’s move “profoundly wrong-headed”.

In 2020, Donald Trump’s administration accused the ICC of infringing on US national sovereignty when it authorized an investigation into war crimes committed in Afghanistan. The US targeted court staff, including then-prosecutor Fatou Bensouda, with asset freezes and travel bans.