The ICC’s Vendetta against Israel Won’t Help Palestinians or Strengthen International Law

Feb. 12 2021

While the International Criminal Court (ICC) has proved itself unable or unwilling to weigh in on the Chinese government’s brutal persecution of the Uighurs, Bashar al-Assad’s bloody war against his own people, or the depredations of Islamic State, it last week ruled that its authority extends to the Israel-Palestinian conflict. The Scottish journalist Stephen Daisley observes:

This is judicial activism on a global scale and the UK should oppose it—and loudly—for two reasons. For one, there is the principle that a body created by a treaty should not claim powers which that treaty does not grant it. The Rome Statute does not empower the ICC to prosecute non-party states, except where such states “accept the exercise of jurisdiction by the court.”

Instead the Rome Statute gives the court jurisdiction where “the state on the territory of which the conduct in question occurred” is a “party to this statute,” but Israel has not ratified the statute and the Palestinian Authority, which acceded in 2015, is not a state. If the UK is for international law, it should be against this lawless behavior.

No doubt the court yearns to see an end to the [Israel-Palestinian] conflict, as do we all, but its apparent attempt to jump-start that process is as knuckle-headed as Barack Obama’s “daylight” strategy towards Israel or Downing Street’s endless scolding over settlements. . . . It is for the Palestinians to claim their own sovereignty at the negotiating table.

An ICC vendetta against Israel will not achieve dignity, prosperity, and self-determination for the Palestinians. It will only promote the suspicion that the ICC imperils national sovereignty in pursuit of political ends.

Read more at Spectator

More about: ICC, International Law, Israeli-Palestinian Conflict

Iranian Escalation May Work to Israel’s Benefit, but Its Strategic Dilemma Remains

Oct. 10 2024

Examining the effects of Iran’s decision to launch nearly 200 ballistic missiles at Israel on October 1, Benny Morris takes stock of the Jewish state’s strategic situation:

The massive Iranian attack has turned what began as a local war in and around the Gaza Strip and then expanded into a Hamas–Hizballah–Houthi–Israeli war [into] a regional war with wide and possibly calamitous international repercussions.

Before the Iranians launched their attack, Washington warned Tehran to desist (“don’t,” in President Biden’s phrase), and Israel itself had reportedly cautioned the Iranians secretly that such an attack would trigger a devastating Israeli counterstrike. But a much-humiliated Iran went ahead, nonetheless.

For Israel, the way forward seems to lie in an expansion of the war—in the north or south or both—until the country attains some sort of victory, or a diplomatic settlement is reached. A “victory” would mean forcing Hizballah to cease fire in exchange, say, for a cessation of the IDF bombing campaign and withdrawal to the international border, or forcing Iran, after suffering real pain from IDF attacks, to cease its attacks and rein in its proxies: Hizballah, Hamas, and the Houthis.

At the same time, writes Morris, a victory along such lines would still have its limits:

An IDF withdrawal from southern Lebanon and a cessation of Israeli air-force bombing would result in Hizballah’s resurgence and its re-investment of southern Lebanon down to the border. Neither the Americans nor the French nor the UN nor the Lebanese army—many of whose troops are Shiites who support Hizballah—would fight them.

Read more at Quillette

More about: Gaza War 2023, Hizballah, Iran, Israeli Security