Eugene Kontorovich: The International Criminal Court Is In Bed With Our Enemies And It’s Time We Clean House
The only action that the ICC has taken so far is disciplinary proceedings against Khan himself. The most that can happen is that he loses his job. His accuser never turned to the Dutch police because she said his official immunity would protect him. However, under the ICC’s rules, the judges could waive that immunity if they wished. The Court’s refusal to allow a criminal investigation of Khan, even as the scope of the scandal expands, demonstrates the institution’s political nature.How Hating Israel Became a Career Move
At the same time, the Court seems fully intent on proceeding with the Netanyahu prosecution. Such serious prosecutorial misconduct could, at least in the United States, lead to the dismissal of even factually substantiated criminal charges. Here, the evidence does not even show that the alleged crime (purposeful starvation of civilians) even occurred, let alone was committed by the accused. As the dust settles in Gaza, the lack of mass starvation becomes ever more evident.
An American prosecutor would be loath to try a case with such manifest prosecutorial misconduct (notably, senior court officials knew about the allegations against Khan at the time the indictments were made but kept it quiet for six months, when it leaked to the press). But Netanyahu is not facing a jury of his peers, but rather a panel of international judges who likely share the Court’s institutional culture.
Qatar’s involvement shows the ICC to be even more dangerous than its critics thought. The rap against the tribunal has long been that it acts like a global independent counsel – an unaccountable prosecutor with no democratic restraints. But even worse, it now appears that hostile states can coopt it as a political weapon in an ongoing conflict.
This illustrates the need for the Trump administration to take decisive action against the organization. The sanctions the Treasury Department has imposed on individual court officers have inconvenienced them but appear to have done little to fundamentally weaken the organization or change its trajectory. A body politically motivated enough to maintain the Israel warrants in the wake of the growing Khan fiasco will certainly retaliate against Trump and his top officials once they are out of office.
The administration should impose institution-wide sanctions on the tribunal and vigorously enforce them. The ICC recently got some good news as Peter Magyar, Hungary’s prime minister-elect, vowed to rejoin after it had become the first EU country to quit. Magyar prioritized the issue because he is seeking EU funding, and Brussels ties its financial support to adhering to its foreign policy. America must adopt the same tough approach, insisting that countries receiving benefits quit the Court. For Europe, pushing countries to join the ICC is a matter of ideology. For America, pushing back should be seen as a question of national security.
When a Western celebrity’s career stalls, the most reliable career-fixer available right now is loud, extreme hostility to Israel. The path back does not run through coexistence groups, or hostage families, or Israeli and Palestinian peace activists building shared institutions in Jaffa or Haifa. It runs through extremism. Death chants. Concentration camp comparisons broad enough to include everyone except the people who were actually being held in tunnels under Gaza.Andrew Fox: “Rape is just part of war”: what happened when I spoke in Amsterdam
This is why people who genuinely want peace get drowned out, and people who want destruction get profiled in Variety. The algorithm is not neutral. It rewards heat. The hotter the take, the bigger the bookings. Bobby Vylan admitted as much on Louis Theroux’s podcast. He told Theroux he would lead the chant again “tomorrow, twice on Sundays.”
Piers Morgan figured out the demand side of this market. He does not bring nuanced voices on his show because nuanced voices do not generate clips that travel. He books the loudest combatants he can find and harvests the engagement. Bob Vylan and Melissa Barrera have figured out the supply side. Different positions in the same marketplace, same business model.
Notice what this kind of activism costs the activist. Nothing. You do not have to fund a hospital. You do not have to learn Arabic or Hebrew. You do not have to sit with a bereaved family or visit a checkpoint or lose a single friend. You post. You wear the keffiyeh on the red carpet. You sign the open letter. The signaling is luxury-tier. The sacrifice is zero.
This is champagne activism. Same shape as champagne socialism. The people who perform it the loudest are the ones who pay nothing for it. Bob Vylan’s chant cost him a UTA contract and bought him an international audience. Kneecap’s visa fight cost them a US tour and bought them a feature film. Barrera’s Instagram posts cost her Scream 7 and bought her Broadway, a production company, and a sympathetic Variety profile. The math is in the bookings.
Real activism is expensive. It is slow. It does not photograph well. The Parents Circle families look at each other’s grief every week and have done for thirty years. Maoz Inon’s parents were murdered in their home on October 7. He has spent every month since standing on stages with his Palestinian friend Aziz Abu Sarah, whose brother was killed by Israeli soldiers, calling for a shared future. They got in a van together last year and drove across checkpoints for eight days to write a book almost nobody outside the peace community will read. That is what it actually costs to do this work. Variety has not profiled them.
We owe those people more attention than we are giving them. They are the ones doing the actual work. Lift them up. Book them. The career algorithm will not change on its own. The least we can do is stop feeding it.
The critical point is that the sexual violence on 7 October was no ordinary “feature” of war. It was an orgy of sadism. It went far beyond anything that had occurred in this conflict before. So I responded by describing what I had seen. I made the point that I was not dehumanising Hamas. Hamas dehumanised itself on 7 October, and when Yoav Gallant described Hamas as Israel fighting human animals, he was absolutely correct.
The room then descended into a shouting match. One of the activists at the back was warned by security that he would be removed if he continued. He immediately tried to recast the warning as a threat of violence against him. The performance was instant: provocation first, victimhood second.
To his credit, the moderator did an excellent job of calming the room. Without him, the situation could easily have deteriorated further. Unfortunately, there was also a journalist from a newspaper hostile to our position in the room (he was not invited by the organisers, so draw your own conclusions about how he came to be there, and why). The article that followed was predictable. We were blamed. The activists were cast as victims. The same pattern repeated itself: disrupt, provoke, invert, accuse.
For me, the morning was a lesson. I am primarily a writer, but I have also given speeches. I am a qualified university lecturer and a Fellow of the Higher Education Authority. However, I have never previously experienced an incident in which pro-Palestinian activists turn up determined to create a scene.
What struck me most was not just the hostility: it was the epistemic closure. These people operate within a sealed universe of alternative facts. There is no argument to be had because there is no shared evidentiary standard. I know what I have seen with my own eyes in Gaza itself during the war. They, on the other hand, have absorbed two and a half years of propaganda via social media, activist networks, campus politics, and the Hamas narrative laundered through supposedly respectable institutions. Those two evidentiary bars are not the same.
That is the truly dangerous part. When two sides disagree about policy, there can still be debate. When two sides disagree about interpretation, there can still be debate. However, when one side insists on living in a manufactured reality, conversation becomes almost impossible.
That is what I saw in Amsterdam; neither serious engagement nor moral seriousness. Not even real anger, in the sense of an emotion tied to facts. What I saw was a political identity built from keffiyehs, flags, slogans, and inverted victimhood. It was a glimpse into how toxic this movement has become. Not because it advocates for Palestinians (there is nothing inherently wrong with advocating for Palestinians), but because so much of the Western pro-Palestinian movement has now fused with denial, propaganda, theatrical intimidation, and the moral laundering of Hamas.
That is the world we are dealing with, and after what I saw in Amsterdam this week, I am more convinced than ever that the fight is not only about Israel, Gaza, or international law. It is about reality itself.

















