Last spring, the International Criminal Court (ICC) determined that it has jurisdiction over Israel’s actions in the Gaza Strip, the West Bank, and part of Jerusalem, although Israel is not a party to the Rome Statue that created the court, and although the “state of Palestine,” which has brought the underlying complaint, does not exist. Another ICC report calls for a full investigation of the Jewish state. Nicholas Rostow explains why nothing good will come from these cases, or from the court’s inevitable decision to involve itself further in the prosecution of Israeli leaders and soldiers:

Palestinian statehood and territory are among the most important, undecided questions to be determined by agreement between Israel and the Palestinian Authority. If the ICC concludes that it has jurisdiction over Israeli actions, then the court would find itself embroiled in one of today’s longest running and most difficult conflicts. The consequences are not foreseeable, except to say that they will be serious and severe.

If the ICC takes up the question of whether aggression has occurred, it will be looking at high-level government decisions, not simply troops engaged in combat (although getting to the bottom of what exactly happens in battle is no easy task). It also will be making a determination of where Israel’s boundaries lie.

And unlike the U.S., which may also face a spurious ICC investigation, Israel cannot impose severe costs on those who would prosecute its citizens. Moreover, writes Rostow, the underlying premise of the investigation is even more wrongheaded:

In the nearly twenty years of its existence, the ICC has not persuaded the world’s most powerful states to join the Rome Statute. Their position has little to do with their view of accountability or ending cultures of “impunity,” a favorite term in UN circles. Their concern has to do with the inescapable political character of decisions about jurisdiction and a desire to protect themselves from unwanted intrusions into their national affairs.

We must anticipate that the ICC will decide to exercise jurisdiction over actions by Israel and the United States as requested by the Palestinians and the Afghan government, respectively. It is unlikely that Americans will suffer as a result. It is entirely likely, however, that Israel, already subject to constant questioning of its legitimacy as a state, will face even greater difficulty than it does presently to reach peace with the Palestinian Authority. The ICC cannot contribute to the achievement of that goal.

“Make no mistake,” said President Biden after the news broke of the murder of six hostages in Gaza, “Hamas leaders will pay for these crimes.” While this sentiment is correct, especially given that an American citizen was among the dead, the White House has thus far shown little inclination to act upon it. The editors of National Review remark:

Hamas’s execution of [Hersh Goldberg-Polin] should not be treated as merely an issue of concern for Israel but as a brazen act against the United States. It would send a terrible signal if the response from the Biden-Harris administration were to move closer to Hamas’s position in cease-fire negotiations. Instead, Biden must follow through on his declaration that Hamas will pay.

Richard Goldberg lays out ten steps the U.S. can take, none of which involve military action. Among them:

The Department of Justice should move forward with indictments of known individuals and groups in the United States providing material support to Hamas and those associated with Hamas, domestically and abroad. The Departments of the Treasury and State should also target Hamas’s support network of terrorist entities in and out of the Gaza Strip. . . . Palestinian organizations that provide material support to Hamas and coordinate attacks with them should be held accountable for their actions. Hamas networks in foreign countries, including South Africa, should be targeted with sanctions as well.

Pressure on Qatar should include threats to remove Qatar’s status as a major non-NATO ally; move Al Udeid air-base assets; impose sanctions on Qatari officials, instrumentalities, and assets; and impose sanctions on Qatar’s Al-Jazeera media network. Qatar should be compelled to close all Hamas offices and operations, freeze and turn over to the United States all Hamas-connected assets, and turn over to the United States or Israel all Hamas officials who remain in the country.