The International Criminal Court’s verdict precedes the trial, at which self-defense equals aggression.
The International Criminal Court (ICC) has issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. Criminals are brought to justice. Here is justice, international style:
• The arrest warrants were issued before the charges were fully disclosed. ICC justice: First, seek to arrest. Second, say why.
• The court issues an arrest warrant for a Hamas leader on charges of war crimes and crimes against humanity, the precise charges (that we know of) against Israel. Hamas started a war. Israel responded. ICC justice: self defense equals aggression .
• The chief prosecutor of the International Criminal Court, Karim Khan, requested the arrest warrants before the court concluded meetings with Israel to gather evidence, before “discovery” was finished. ICC justice: The verdict precedes the trial.
• The chief prosecutor of the ICC is under investigation for having sexually harassed a female employee of the court. Innocent until proven guilty, of course. But during such an investigation, the ethical standard is for the accused to step aside until the investigation is complete, including (in this case) an investigation as to whether personal issues influenced public decisions. Such is not the ethical standard of the ICC or of Karim Khan. ICC justice: No appearance of impartiality.
• Among the ICC charges that have been revealed are the use of starvation as a tool of war. Indeed, starvation is used as a tool in this war, but by whom? Israel delivers the food, all intended for civilians in Gaza, but Hamas steals much of it for its own fighters. Israel, not Hamas, is charged. ICC justice: Hear no evil, see no evil, speak no evil.
• The three main members of Israel’s war cabinet after Oct. 4 were Netanyahu, Gallant and Benny Gantz. No arrest warrant was issued for Gantz. Apparently, international justice targets those on the political right —Netanyahu and Gallant —but not those on the political left — Gantz. ICC justice: Political.
• The ICC issues an arrest warrant against Israel for directly attacking civilians, which Israel does because Hamas ensconces its fighters and weapons right alongside civilians in such locations as homes, schools and hospitals. In this, Egypt is a de facto co-conspirator with Hamas because Egypt seals its border with Gaza, offering no escape for Gaza’s civilians. No arrest warrant is issued against Egypt, only against Israel. ICC justice: Double standards .
• The ICC charges Israel with deliberate starvation. But is there starvation at all? No doubt, there are suffering and food shortage —none of which, it is worth repeating, would have occurred had Hamas not sent its killers and mutilators into Israel on Oct. 7, 2023 — but last June, the Famine Review Committee determined that there is no famine in Gaza. Since last December, we have been bombarded with news of the “impending famine” in Gaza. Meanwhile, tons and tons of food roll into Gaza from Israel (not Egypt). ICC justice: Don’t confuse me with the facts .
• • •
The US has long been attuned to the malice at the ICC, which may explain why the US does not recognize the court and is not under its jurisdiction. Even so, the bad decisions at the court do not end with the court itself.
In his first term, President Donald Trump sanctioned some ICC officials, but President Biden revoked the sanctions, apparently in the mistaken belief that if something is international, it is automatically a good thing.
The House of Representatives did not agree. Last June, it passed a bipartisan bill — 247-145 (47 Democrats supporting) — to sanction the ICC after Karim Khan sought from ICC judges an arrest warrant for Netanyahu. However, Senate Majority leader Chuck Schumer, has held up the bill. Will Schumer now sustain his anger at Netanyahu to the extent of continuing to sit on the bill, thus allowing an Israeli PM to stand besmirched as a war criminal, without Congress’ objection?
Either way, the ICC has harmed Israel. There is no denying the damage to Israel’s reputation that these arrest warrants precipitate, and no ignoring the glee that these warrants bring to Iran, Hamas, Hezbollah and anti-Semites everywhere.
© IJN 2024
