WSJ Editorial: The ICC’s Assault on Israel—and the U.S.
This is about more than Israel, whose military may have achieved the lowest ratio of civilian-to-combatant deaths in the history of urban warfare. The effect of the ICC warrants is to disarm any Western democracy that is responding to atrocities from terrorists and rogue states. This precedent will be used against the U.S., which, like Israel, never joined the ICC.Telegraph Editorial: Would the ICC have accused Churchill of war crimes?
The ICC indicts Mr. Netanyahu and former Defense Minister Yoav Gallant for allegedly using starvation as a method of warfare and several other crimes against humanity. The politicization begins with the list of the accused. It includes only two of the three members of Israel’s then-war cabinet, leaving out Benny Gantz, who was the hope of those who want to oust Mr. Netanyahu.
The charge of deliberate starvation is absurd. Israel has facilitated the transfer of more than 57,000 aid trucks and 1.1 million tons of aid, even though Hamas’s rampant theft means Israel is provisioning its battlefield enemy, something the law can’t require.
This is why President Biden said on Oct. 18, 2023, that if Hamas steals the aid, “it will end.” The President broke that promise, and Israel has exceeded its aid obligations.
The international Famine Review Committee found on June 30 that famine isn’t occurring in Gaza—Hamas attributes 41 deaths in the entire war to malnutrition—but that elevated risk of famine will persist as long as the war goes on. Especially when the world backs Egypt’s decision not to allow refugees out of Gaza, trapping civilians in the war zone.
Using Palestinian civilians as political weapons is the essence of Hamas’s strategy, which the ICC now vindicates. Hamas cheered the ICC warrants on Thursday in a statement that “international justice is with us and against the Zionist entity.”
Third, the consequences: Messrs. Biden and Schumer will no longer be able to protect the ICC, which conveniently waited to grant arrest warrants until after the U.S. election and before Donald Trump returns to the White House.
But Rep. Mike Waltz, the President-elect’s pick for national-security adviser, says action is coming. Republican Sens. Lindsey Graham and Tom Cotton plan to press Mr. Schumer to hold a vote on the House bill in the lame duck Congress. If Mr. Schumer refuses, a vote is certain in the next Congress. Mr. Graham is also planning to introduce a bill that goes further and sanctions groups and nations that aid and abet those like the ICC that harm the security of the U.S.
President Trump sanctioned some ICC officials in 2020 for lawlessly investigating U.S. troops, and the court backed down. Mr. Biden revoked the sanctions in 2021. Cutting off the ICC and, say, its top 100 officials from the U.S. banking system via sanctions—with all that means for European bank accounts as well—could cripple the court.
The court’s self-immolation is one more consequence of a Biden foreign policy that has too often put the authority of international institutions above the U.S. national interest. It’s also a reason he soon won’t be President.
Since Hamas launched its murderous terrorist assault against Israel from Gaza on October 7 last year, the Israel Defence Forces have been engaged in a major military offensive, justified as self-defence under international law, to destroy Hamas’s terrorist infrastructure.ARRESTING TIMES IN THE INTERNATIONAL CRIMINAL COURT
Civilians, as inevitably occurs in any war zone, have been killed or injured in the bitter fighting between Israeli forces and Hamas terrorists, who regularly use Palestinian civilians as human shields, itself a clear violation of the rules of conflict. In such circumstances, and with hostilities ongoing, making a proper assessment of the civilian casualty figures is difficult, if not impossible. The only figures available are those provided by Hamas-controlled health bodies, which appear to make no distinction between the number of dead Hamas terrorists – estimated to be around 20,000 – and civilians.
Yet, despite not having access to reliable facts, the ICC has nevertheless felt compelled to issue warrants for the arrest of Israel’s prime minister and former defence chief, the first time such action has been taken against the leaders of a democratic country.
The ICC decision raises worrying questions for other democratic countries – including the UK – that could find themselves engaged in conflict. It compromises the ability of democracies to prevail over their enemies if their military operations cause civilian casualties. Would Britain and its allies have emerged victorious from the Second World War had Winston Churchill and other wartime leaders been distracted by the prospect of facing war crime accusations?
The ICC action is also problematic for the British Government which, as a member of the ICC, is now obliged to detain the accused Israelis if they arrive on British soil, despite the fact that Israel is still supposed to be our close ally in the fight against Islamist terrorism.
Sir Keir Starmer’s immediate response was seemingly to back the ICC’s decision, a gesture he may come to regret if either Mr Netanyahu or Mr Gallant visit these shores at a future date. The Government’s confusion on this issue was reflected in the inability of Yvette Cooper, the Home Secretary, to provide a coherent answer when challenged. Labour would be well-advised to determine how they do intend to deal with the challenge presented by the ICC’s erroneous act.
In the ICC, people in black robes sit to pass judgement on the democratically elected leader of a sovereign civilised country founded to protect its citizens. and world-wide Jewry, against another holocaust, a victim as it is, of attempted genocide by a terrorist organisation whose stated aim is the extermination of Jews.
‘Love of country’ might have been the explanation for the corruption of the judicial system in Hitler’s Germany. But underlying it was the willingness to accept rhetoric that Germany’s depressive economy was due to ‘the other’, Jews, other racial and ethnic minorities, undesirables, homosexuals.
We live in more sophisticated times where justification is softened by less colourful language but the prejudice against Jews and their nation state remains. The truth is, whatever Israel would have done to defend itself, it would have been wrong in the eyes of much of the world. However much humanitarian aid reached Gaza, it would never have been enough. However many civilians died, it would have been too many.
My faith in the international rule of law has been severely shaken.
In Numbers 23:9, the wicked prophet Balaam stares at the Jews, freshly freed from slavery in Egypt, and says: I see them from the tops of the mountains. I gaze on them from the heights. Behold, they are a nation that shall dwell alone, and not be reckoned among the nations. [Num. 23:9] .
The Midrash (a mode of biblical interpretation prominent in the Talmudic literature) says that this phrase means: When Israel rejoices, no other nation rejoices with them... And when the [other] nations prosper, Israel will prosper with them… [Tanchuma Balak 12, Num. Rabbah 20:19] .
Jews have always stood alone. Successfully so for more than 3000 years. They, and their nation state to which they have returned will continue to do so. This madness will pass and those who persecute the victim will, in time ask themselves
“What about those of us who knew better? We who knew the words were lies, and worse than lies? Why did we sit silent? Why did we take part?”