Can the ICC Treat Israel Fairly?

As the Palestinian Authority prepares to take Israel or Israeli citizens to the International Criminal Court, some have argued that such a move will surely backfire. After all, Israel has scrupulously observed international laws, while Palestinians are guilty of numerous violations. Eugene Kontorovich, however, writes that the ICC’s deck is stacked against Israel, and not only because of an anti-Israel proviso in its founding statute:

Even absent any bias, the Court is structured in a way that cannot do equal justice, and is thus properly seen as a Palestinian tool against Israel. Moreover, recent statements by the [Court’s] prosecutor give troubling evidence that she may be willing to replace legal analysis with the off-the-shelf views of the “international community” on the conflict. . . .

[T]he Palestinians are so-to-speak “judgment proof.” First, non-cooperation is easy in a place where the killing of “collaborators” is institutionalized. . . . No one in Gaza will say, “Hey, there was a Hamas launcher in this school here.” Nor will the Palestinians be punished for non-cooperation—just as Kenya and Sudan have not been. Indeed, it is likely that the Palestinians will claim that as a “state under occupation,” they simply cannot cooperate with investigators on-the-ground since they will claim they are (for these purposes) under Israel’s thumb. In Israel, on the other hand, a bevy of Israeli NGOs will be lined up to supply the prosecutor with the dirt on alleged Israeli misdeeds, and many jurisdictions are only looking for an occasion to impose sanctions on Israel.

Read more at Washington Post

More about: ICC, International Law, Israel, Lawfare, Mahmoud Abbas, Palestinian Authority

Iran’s Attrition Strategy, and Its Weaknesses

Oct. 14 2024

On Yom Kippur, Hizballah fired over 200 rockets and drones at Israel, with one drone hitting a retirement home in Herzliya, miraculously without casualties. Yesterday, however, proved less lucky: a drone launched by the Iran-backed group struck a military base, killing four and injuring another 58, about twenty moderately or seriously.

This attack reflects Iranian strategy: Israeli defensive systems are strong, but so are Iranian drones and missiles, and with enough attacks some will get through. As Ariel Kahana writes, such an approach is consistent with Tehran’s desire to fight a war of attrition, denying Jerusalem the chance to strike a decisive blow. Kahana explains how the IDF might turn the tables:

It’s worth noting that Iran’s strategy of wearing down Israel and other U.S. allies in the region is not merely a choice, but a necessity. Militarily, it’s the only card left in Tehran’s hand. Iran neither desires nor possesses the capability to deploy ground forces against Israel, given the vast geographical distance and intervening countries. Moreover, while Israel boasts one of the world’s most formidable air forces, Iran’s air capabilities are comparatively limited.

Israel’s trump card in this high-stakes game is its unparalleled air-defense system. For years, Iran had counted on its network of proxy organizations to provide a protective umbrella against Western strikes. However, a year into the current conflict, this strategy lies in tatters: Hamas is reeling, Hizballah is on the back foot, and the various militias in Iraq and Yemen amount to little more than an irritant for Israel. The result? Iran finds itself unexpectedly exposed.

And when it comes to direct attacks on Israel, Iran’s options may be limited. Its October 1 attack, which used its sophisticated Fateh-2 missiles, was more effective than that in April, but not much more so:

Oded Eilam, drawing on his experience as a former senior Mossad official, . .  estimates [Iran’s] stockpile of these advanced weapons is limited to between 400 and 800. With 200 already expended in a single attack, Iran’s reserves of truly effective missiles may be running low. This raises a critical question: can Iran sustain a prolonged ballistic exchange with Israel? The numbers suggest it’s capacity for attrition warfare may be more limited than it would like to admit.

Read more at Israel Hayom

More about: Gaza War 2023, Hizballah, Iran