[Salon] Israel's delusional response to the ICC warrants



Lubna Masarwa

Jerusalem Bureau Chief


Israel reacted with fury to the International Criminal Court's (ICC) decision to issue arrest warrants to Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant over alleged war crimes in Gaza.


Within minutes of the decision being announced, lawmakers from across the political spectrum rallied around the premier and condemned the three-judge panel.


Israelis of all stripes, the media included, dismissed the charges as "absurd" and "antisemitic," and attempted to characterise the ICC as a biased, politicised body.


Israeli President Isaac Herzog called the warrants, which also targeted Hamas’ military leader Mohammed Deif, "outrageous."


He claimed the warrants had turned "universal justice into a universal laughing stock."


Opposition leader, Yair Lapid, called them a "reward for terrorism" and claimed Israel's brutal invasion of Gaza, which has killed more than 43,000 Palestinians, the majority of them women and children, was a war aimed at defending Israel "against terrorist organisations that attacked, murdered and raped our citizens."


Benny Gantz, a former member of Netanyahu's war cabinet, described the decision as a "shameful stain of historic proportions that will never be forgotten."


Meanwhile, former Israeli Justice Minister Ayelet Shaked said the "rotten" ICC had confused "good with evil."


Israelis unite against the ICC


Israel's attempts to silence its critics with claims of antisemitism has become an all too common feature since the 7 October attacks on southern Israel.


So it wasn't a shock that Netanyahu, the country's long serving leader, also referred to this historic decision as antisemitic.


The premier, who has a trial date on corruption charges set for early December, has branded near enough every international body antisemitic, including the UN - which he referred to in September as an "antisemitic swamp."


On Thursday, he called the warrants "an antisemitic decision… equivalent to the modern Dreyfus trial."


The trial in 1894 of Alfred Dreyfus, a French artillery captain of Jewish descent, wrongfully convicted for giving French military secrets to the Germans, is one of the most infamous cases of European antisemitism.


The warrants were also too much, even for Israeli media. 


Dafna Liel, the political correspondent for Channel 12, Israel's leading news channel, wrote that it was a fatal blow to Israel and that "this is the first time that such a step has been taken against the leaders of a democratic country." 


Liel's colleague at Channel 12 News, Keren Bezalel, a correspondent for foreign affairs, wrote: "This is a total collapse of the Israeli case before the International Criminal Court in The Hague."


These fears are not groundless. Just below the public furore lies a genuine fear about the effect the ICC warrants would have on anyone who takes part in the war on Gaza.


Israel Hayom reported that Israeli leaders fear the court could issue arrest warrants against soldiers and other senior security officials accused of committing war crimes in Gaza.


And just a day before the decision was announced, UN Special Rapporteur Francesca Albanese told my colleague Sondos Asem that the ICC needed to do more and issue additional arrest warrants.


The attorney general


Following the announcement, Israel's Attorney General, Gali Baharav-Miara, attempted to downplay the horror's we're all seeing in Gaza and sought to criticise the ICC's principal function.


"The International Criminal Court, which was designed to deal with the most serious atrocities, has today sinned against the historic role it was supposed to play," Baharav-Miara, said.


It's worth noting that Baharav-Miara is the same attorney general who the anti-Netanyahu camp sought to characterise as a superhero - someone who fought fearlessly to preserve Israeli democracy.


But like so many others, she only seeks to advance the rights of a certain group and class of people.


Just today, Haaretz reported that Baharav-Miara had decided against investigating public figures for inciting violence against the Palestinians.


Such is the delusion amongst Israel's political leaders that in the months leading up to the decision, no one really bothered to examine the arguments the ICC had laid out.


The warrants were first requested by the ICC chief prosecutor, Karim Khan, in May after a long investigation in which Israel’s leaders did not cooperate.


At the time, Netanyahu could have taken the lead and established an independent state commission of inquiry – but he opposed the idea - maybe because such a process would examine his role in the disastrous security failures preceding the 7 October attacks on southern Israel.


So, the ICC, despite countless external pressures from Israel’s western backers continued with its impartial investigation and unanimously agreed that Netanyahu and Gallant were "co-perpetrators for committing the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts."


The judges also "found reasonable grounds to believe that they bear criminal responsibility … for the war crime of intentionally directing an attack against the civilian population."


The charges reinforce the work of the International Court of Justice, which has found that it is "plausible" that Israel has committed acts in Gaza that violate the Genocide Convention.


Will Israel's backers accept the truth?


Whilst Netanyahu is unlikely to be in handcuffs any time soon, the warrants have made it clear that both he and Gallant, who have terrorised the people of Gaza with air strikes and starvation, bear criminal responsibility as co-perpetrators.


So will this legal reckoning usher in changes in Israel?


A Haaretz newspaper editorial said: "One might have hoped the ICC’s announcement would raise pointed questions in Israel about the morality of the ongoing war in Gaza. Unfortunately, both the government and public opinion, with the support of most of the media, are refusing to listen."


What about Israel's western backers? Will they now accept the truth - that a genocide is taking place is Gaza?


They too now have a choice, either continue calling the warrants outrageous, or come to their senses and see that there is no dodging responsibility for the brutalities that have been committed in Gaza 


Whether or not Netanyahu or Gallant are ever surrendered to a court in The Hague, there is no denying that the tide of international opinion is turning.


Israel's days of total immunity for its actions are coming to an end. 



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