Of Israeli Impunity And International Law

"The issuance of arrest warrants against Netanyahu by the ICC has been met with defiance by some world leaders - from Hungary to the United States"

Of Israeli Impunity And International Law

The ongoing crisis in Palestine serves as a stark reminder of the failures of the global community in addressing the root causes of conflict. As John Steinbeck once aptly put it, "all war is a symptom of man's failure as a thinking animal." The relentless suffering of the Palestinian people, exacerbated by Israel's continued war crimes, is a damning indictment of the international community's inability to hold perpetrators accountable. The recent veto by the United States of a UN Security Council Resolution calling for a ceasefire in Gaza has dismayed the more conscientious countries, raising questions about the United States’ commitment to democracy and human rights. This move, coupled with the Biden administration's authoritarian response to campus demonstrations in support of Palestine, has undermined the country's democratic credentials.

The White House under Joe Biden has faced widespread condemnation from rights advocates for his administration's stance, including its refusal to put any serious conditions on its assistance to top US ally Israel amid the war. Consider the magnitude of military aid given by the White House: the US provides Israel with at least $3.8b in military aid, and the Biden administration has authorised $14bn in further assistance to the country since the war was declared on Gaza following the 7 October attack. US citizens have not only raised robust reaction through public demonstrations against ongoing humanitarian crises in Palestine, but also questioned the logic behind funding a foreign country from taxpayer’s money for the slaughter of civilians in Gaza.

The International Criminal Court (ICC) has issued arrest warrants for Israeli PM Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military leader Mohammed Deif on charges of crimes against humanity and war crimes in Gaza.

The ICC’s statement explained that the arrest warrants for Netanyahu and Gallant were issued based on requests from the court's chief prosecutor, Karim Khan, in May 2024. Khan had accused the Israeli leaders of war crimes and crimes against humanity during Israel's military actions in Gaza. Separately, the ICC also issued an arrest warrant for Mohammed Deif, the military leader of Hamas. This was part of the court’s investigation into crimes against humanity linked to Hamas. Reacting over the issuance of arrest warrants, the indicted Netanyahu said, “It is an antisemitic step that has one goal – to deter me, to deter us from our natural right to defend ourselves against enemies who try to destroy us". However, it is the Netanyahu-led government that has culled civilians and reduced the Gaza strip to rubble.

According to the Gaza health ministry, the death toll from the conflict has surpassed 44,000, with more than 104,000 people wounded.

While highlighting the humanitarian crises, the  head of United Nations humanitarian efforts in the Strip recently told the Security Council that sufficient political will was sorely needed to ensure effective humanitarian operations amid restrictions, security incidents and continued suffering. “Time is slipping away as a man-made humanitarian crisis has turned Gaza into the abyss,” stressed Sigrid Kaag, Senior Humanitarian and Reconstruction Coordinator for Gaza.

Despite this, the issuance of arrest warrants against Netanyahu by the ICC has been met with defiance by some world leaders, including Hungary's Viktor Orban, who has invited the indicted PM, claiming they are on the side of justice. This blatant disregard for international law and human rights has emboldened Israel to continue its atrocities with impunity.

This was followed by US President Joe Biden who said, “The ICC issuance of arrest warrants against Israeli leaders is outrageous. We will always stand with Israel against threats to its security." Italy’s Foreign Minister Antonio Tajani said that Rome would consider with allies how to interpret the decision and act together. “We support the ICC …the Court must play a legal role not a political role”. This smacks of political hypocrisy. Argentina;s President Javier Milei reportedly said on X that his country “declared its deep disagreement” with the decision. 

It is encouraging to note that some European states have showed their willingness to implement the ICC warrants. Brussels even warned Orban over the Netanyahu visit: “It is your duty to comply with ICC warrants.” European Commission Vice President Vera Jourova said “Ignoring any arrest warrant by the ICC would breach international obligations and damage Hungary’s reputation.” One hopes the penny will drop with those at the helm of Hungary’s affairs.

Josep Borrel, the EU's top diplomat, dismissed a ‘pick and choose’ approach in terms of dealing with indicted war criminals, saying that ICC warrants are binding. "The states that signed the Rome convention are obliged to implement the decision of the court. It's not optional," he said. All EU members states (124) are signatories to the ICC's founding treaty. Borrel made it clear that "Every time someone disagrees with the policy of one Israeli government - (they are) being accused of antisemitism."

It would not be an exaggeration to suggest that so far the world community have done little practically to rein in Israel, which daily continues to commit war crimes in Gaza Strip in the name of retaliation

As per The Guardian’s editorial, titled "The Guardian view of global justice at a crossroads: war crimes demand accountability,” that publication argued:

"The ICC’s action ends decades of perceived impunity and challenges what critics describe as Israel’s longstanding “shield of immunity”. Yet, the real test of these warrants lies with the ICC’s 124 member states, which are legally obliged to arrest the accused and transfer them to The Hague. Failure to act would expose international law as a facade, undermining its credibility and allowing powerful nations and their allies to trample justice with impunity. Enforcing these warrants is not just a legal obligation – it is a moral imperative to uphold the principle that no leader is above the law. This mandate demands both individual accountability and state responsibility, prohibiting governments from aiding or enabling alleged war crimes. The UK government faces criticism for its support of Israel, which campaigners argue has long contravened international law. Many European nations that championed ICC action against Russia’s Vladimir Putin must now confront their obligations toward Israel. Failing to enforce the warrants risks betraying commitments and eroding trust in multilateral justice. The consistency of their responses will test their commitment to international law. If member states fail to act, they risk rendering international law meaningless. The choice is clear: uphold the principles of justice and law or accept a world where power determines impunity. By endorsing the court’s decision, rogue states will begin to fear being brought to heel. Upholding these principles is essential to a just international order where the law protects all, not just the strong. A powerful message is contained in the ICC warrants: that the era of unchecked impunity for war crimes must end."

What Israel and its allies need to recognise is that power, when coupled with arrogance, has historically been its own downfall. The demise of British imperialism, the US defeat in Vietnam, and the more recent shameful flight from Afghanistan, and the collapse of other empires throughout history all serve as testaments to this fact. The notion that military might and political influence can indefinitely sustain a nation's dominance is a flawed one.

It would not be an exaggeration to suggest that so far the world community have done little practically to rein in Israel, which daily continues to commit war crimes in Gaza Strip in the name of retaliation.

The White House is already tainted with the death and destruction in various sovereign states like the Iraq, Libya, and Afghanistan etc. If the US continues to side with those involves in war crimes, with what moral authority can it lecture the world on democracy? Canadian Prime Minister Justin Trudeau rightly remarked after the issuance of the ICC warrants that “It is really important that every one abide by international law.”

As such, the United States must heed the words of Martin Luther King Jr, who said, "Injustice anywhere is a threat to justice everywhere." It is imperative that the United States and other European states reexamine their unwavering support for Israel and work towards a more just and equitable solution for the Palestinian people.

An immense responsibility is placed on the shoulders of global community to make sure that the alleged war criminals are handed over to Hague for trial.

The writer is a freelance contributor. He may reached at nazeerarijo@gmail.com. Nazeer tweets at @nazeerarijo.