Tag Archive for: ICC

The ICC’s War Crimes

Israeli Prime Minister Benjamin Netanyahu’s initial response to International Criminal Court chief prosecutor Karim Khan’s announcement that he intends to issue international arrest warrants against Israel’s leaders was brief and to the point: “The international arrest warrants won’t deter me. This is a political, biased decision. It is a disgrace and a shame. We will continue on until victory.”

Netanyahu’s response was correct but too narrow. True, Khan’s accusation that Israel under Netanyahu and Israel Defense Minister Yoav Gallant is deliberately starving Gazans and intentionally targeting civilians for death is a blood libel. Far from starving or deliberately killing civilians, Israel is doing more to protect the lives of the Palestinian population in the Gaza Strip than any military has done to protect the lives of civilians in war zones in human history.

The ICC’s goal in propagating this slander against the Jewish state is to criminalize the State of Israel and pave the way for its annihilation by denying it the right to self-defense.

While it’s true that Khan’s move is a shameful, nakedly political disgrace, it is also illegal. The ICC has no jurisdiction over Israel. Israel is not a signatory of the Rome Treaty, which founded the ICC, and set out its powers and jurisdiction. To get around that fact, the ICC illegally accepted “Palestine” as a signatory to the treaty.

The political entity that presents itself as the “Government of Palestine” is the Palestinian Authority. The P.A. was established in 1994 by force of the bilateral agreements the Palestine Liberation Organization signed with Israel during the 1990s. Those agreements—popularly known as the “Oslo agreements”—bar the P.A. from seeking membership as a sovereign state in international bodies, including the ICC.

The ICC’s lack of jurisdiction is only part of the legal problem with its move against Israel. In his statement on Monday, Khan drew a false moral equivalence between the crimes against humanity and acts of genocide Hamas committed on Oct. 7—meaning, the terror group’s invasion of Israel and slaughter, rape, torture and abduction of thousands of civilians and soldiers on the one hand, and the lawful acts of war that Israel has conducted against the Hamas terrorist regime and its terror army in response to that invasion and commission of atrocities.

Hamas is bound by its charter to commit genocide against the Jewish people worldwide and to annihilate the Jewish state. Khan’s allegations against Netanyahu and Gallant—and against the State of Israel more broadly—are predicated on blood libels originating from the Hamas regime in Gaza. In so acting, the ICC is providing material support for Hamas. That is, it is providing material support for a genocidal terror group engaged in a genocidal war against the Jewish people.

Unlike the libelous accusations Khan raised against Israel’s elected leaders, Khan’s provision of material support for Hamas’s war of genocide is an actual war crime.

Both houses of Congress are now advancing bills to sanction the ICC and its personnel for their illegal prosecution of Israel, a U.S. ally. It is essential that these bills be fast-tracked through the legislative process.

But two more actions should be taken.

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Caroline Glick

Caroline B. Glick is a Senior Fellow with the Center for Security Policy. She is a senior columnist at Israel Hayom and the author of The Israeli Solution: A One-State Plan for Peace in the Middle East, (Crown Forum, 2014). From 1994 to 1996, she served as a core member of Israel’s negotiating team with the Palestine Liberation Organization.

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EDITORS NOTE: This Center for Security Policy column is republished with permission. ©All rights reserved.

Germany Says It Will Arrest Netanyahu


Germany says it will arrest Netanyahu as Israeli envoy appeals to Berlin to defy ICC

Israel’s ambassador urges the German government to reject the “outrageous” ICC move.

By Benjamin Weinthal, Jerusalem Post, May 22, 2024:

Israel’s Ambassador to Berlin, Ron Prosor, was rebuffed by German Chancellor Olaf Scholz’s government on Wednesday after the envoy made a dramatic appeal on X, formerly Twitter, to the Federal government to reject the ICC’s legitimacy fully.

Scholz’s spokesman, Steffen Hebestreit, was asked on Wednesday if the German government would execute an ICC arrest order against Prime Minister Netanyahu for alleged war crimes during Swords of Iron.

Hebestreit said, “Of course. Yes, we abide by the law.”

On Tuesday, before Hebestreit’s announcement, Prosor wrote on X in both German and English, “This is outrageous! The German ‘Staatsräson’ is now being put to the test—no ifs or buts. This contrasts with the weak statements we hear from some institutions and political actors. The public statement that Israel has the right to self-defense loses credibility if our hands are tied as soon as we defend ourselves.”

Staatsräson is the German word that refers to Germany’s pledge to ensure Israel’s security is part of its national security and interests. Former German Chancellor Angela Merkel declared during her 2008 Knesset speech that Israel is part of Germany’s raison d’etre—or state of being.

Staatsräson is the German word that refers to Germany’s pledge to ensure Israel’s security is part of its national security and interests. Former German Chancellor Angela Merkel declared during her 2008 Knesset speech that Israel is part of Germany’s raison d’etre—or state of being.

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EDITORS NOTE: This Geller Report is republished with permission. ©All rights reserved.