In his Yom HaShoah address on Sunday, Benjamin Netanyahu responded to reports that the International Criminal Court (ICC) might be getting ready to issue arrest warrants for Israeli commanders and politicians. Neither Washington nor Jerusalem recognize ICC jurisdiction in Israel or Gaza, but the court’s prosecutor, Karim Khan, believes otherwise. Arsen Ostrovsky and John Spencer explain why going through with a case against Israel would, as Netanyahu put it, leave an “indelible stain” an international law:
The ICC was established in 2002 as “a court of last resort,” with the primary goal of ending impunity for those accused of the most heinous of crimes, including war crimes, crimes against humanity, and genocide. It was never intended to be applied in the Orwellian circumstances of prosecuting Israeli leaders as they defend the Jewish state against the murderers and rapists of Hamas and seek to bring back hostages held captive by the terror group in Gaza.
The IDF has gone to unprecedented lengths, not seen in the history of modern warfare, to abide by the laws of war and avoid harm to civilians, even when doing so has put the IDF’s own soldiers at risk. This has included warning of impending attacks and creating safe corridors for civilians to evacuate through. They have done this while continuing to facilitate the provision of humanitarian aid and supplies, including more than 25,000 aid trucks to date, notwithstanding Hamas continuing to intercept and syphon much of this aid.
Not only is there absolutely no legal basis to issue arrest warrants against Israeli leaders, doing so now would only reward Hamas and unleash a further firestorm of anti-Semitism.
The U.S., and indeed all Western allies, cannot stand idly by now as the court is dragged into irredeemable disrepute. This is not the time for quiet, timid diplomacy. It must be made clear, in no uncertain terms, that if Khan chooses to proceed with issuing warrants, it will be the death knell of the court’s very legitimacy.
More about: Gaza War 2023, ICC, International Law