The ICCs challenge Confronting the true perpetrators of the Gaza genocide
The ICC's challenge: Confronting the true perpetrators of the Gaza genocide
MADRID - The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister, Yoav Gallant, accusing them of war crimes and crimes against humanity.
According to a statement issued by the ICC on November 21, both are charged with offenses committed "at least from October 8, 2023, to May 20, 2024."
In its ruling, the ICC argued that there is grounds to believe that Netanyahu and Gallant used hunger as a weapon of war in the Gaza Strip, a serious violation of international law. Additionally, they are accused of deliberately depriving the civilian population of essential goods for survival, including food, water, medicine, medical supplies, fuel, and electricity.
The ICC also issued an arrest warrant for Muhammad Deif, the military chief of Hamas. While Israel claims to have killed him in an airstrike, the ICC stated it could not confirm his death.
Israel, like the United States, is not a member of the ICC and strongly rejected the charges. The Court's prosecutor, Karim Khan, was described by Israeli authorities as a "shame," with his accusations seen as an attack not only on the Israeli military but on the country as a whole.
In an official statement, the office of the Israeli prime minister described the measure as "anti-Semitic." "Israel strongly rejects the unfounded accusations and false actions against it by the International Criminal Court, a politically biased and discriminatory body," the statement read.
The United States, through Acting White House Press Secretary Karine Jean-Pierre, announced that the country would not execute the arrest warrants issued by the ICC against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
Jean-Pierre called the measure a "flawed process" and explained the reasons behind the U.S. rejection of the ICC's efforts. "Unlike how ICC Prosecutor Karim Khan has treated others, including Venezuelan President Nicolás Maduro and his associates, the prosecutor did not provide Israel with a meaningful opportunity to engage constructively or to properly consider its internal processes," she stated.
This rejection underscores the political weakness of the ICC in the face of global powers. However, the decision to condemn Netanyahu and Gallant could have significant long-term implications for Israel. The country is facing a direct accusation of crimes against humanity, the same type of violations that were used as justification for the founding of Israel and that sustain its supposed ethical and moral legitimacy.
As Anas Mustapha, Head of Public Defense at CAGE International, points out, the arrest warrants issued by the International Criminal Court dangerously divert attention from the true perpetrators of the ongoing genocide in Gaza. The High Contracting Parties to the Geneva Conventions, particularly the United States, the United Kingdom, and Germany, bear the primary responsibility, not only for allowing but for actively facilitating these atrocities.
Israel’s allies have armed, protected, and participated in the systematic eradication of the Palestinian people, a crime that cannot be attributed solely to individuals but must be understood as a joint enterprise deeply rooted in settlement colonialism and Western imperialist policies.
By focusing solely on Israeli political leaders, the ICC evades its duty to address the full magnitude of the crime. The diplomatic and military backing from the West has not only provided cover for these atrocities but has ensured their continuity. According to reports, the United Kingdom, for example, has led intelligence operations that have directly facilitated the massacre in Gaza. This is not negligence, but active complicity.
At stake is not only the credibility of the ICC, but also the very identity of Western liberal democracies. In other words, these democracies stand on the brink: they must choose between flagrantly rejecting the institutions that form the foundation of their identity or accepting the decision of the International Criminal Court. This would not only involve adhering to the verdict on Netanyahu and Gallant, but also taking responsibility for the allies of Israel who have facilitated and continue to facilitate the Palestinian genocide.
source: tehrantimes.com