The trial of the Knave of Hearts scene in “Alice in Wonderland” oddly mirrors the International Criminal Court’s (ICC) unprecedented ruling against Israel. The court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Defense Gallant for alleged war crimes in Gaza. Had proper due process been put in place, surely this outcome would not be reminiscent of the Queen of Spades’ immortal dictum: “Sentence first – verdict afterwards.”
It would not be far-reaching to describe this ruling as initiated and abated by politically-appointed judges and prosecutor with a long anti-Israeli track record. They somehow wish to be believed that this warrant is the result of an evidence-based fair process, rather than reverse engineering a PR decision. They seek to arrest individuals over whom they have no legal jurisdiction, over crimes in a non-existent country invented for the sake of protocol, while ignoring any evidence that runs contrary to the tunnel vision. This is a pre-determined ruling that was backfilled with arguments.
Israel, a country that has thus far provided its enemy in Gaza with over 1 million metric tons of aid during wartime, is now accused of committing “starvation”. The humanitarian aid operation it orchestrated in cooperation with UNRWA – even while its school textbooks teem with anti-Semitic caricatures and many of its employees are on Hamas’ payroll – is described as war crimes. 2 billion dollars were donated by worldwide contributors to provide every Gazan with over 3,400 calories per day. All of that, after having suffered October 7 – the deadliest massacre of Jewish people since the Holocaust, and as 101 Israeli hostages are still unlawfully held in Gaza.
No real evidence has ever been provided for well-recorded starvation cases in Gaza – only smoke and mirrors. UN agencies largely rely on bogus data provided by Hamas, whitewashed as the “Gaza Health Ministry”. The “Ministry” provides the bricks that construct the anti-Israeli edifice, claiming that over 43 thousand Palestinians were killed. No real effort was carried out to validate the authenticity of that data, nor verify how many of those killed were militants. That, in stark contrast to skepticism over other types of disinformation, from Russia’s Sputnik News to ISIS’ Amaq.
During the war, millions of Palestinians were ordered by the IDF to get out of war zones and into safe zones, as Israeli tanks safeguarded them from Hamas sniper fire, fearing evacuation could help Israel defeat it. Gaza’s population continues to grow at an estimate 2% annual rate. This would be a particularly bizarre and inefficient way to carry out a genocide.
It was also the lack of relevant process, not merely evidence, that rattled Jerusalem. Israel is not a signatory to the Rome Statute that established the ICC, nor does it have jurisdiction in countries with an independent judicial system, as per the principle of complementarity. Only in cases such as Yugoslav strongman Milošević’s war crimes, where local courts are “unwilling and unable” to prosecute, can the ICC move on to intervene.
The opposite party to the ruling would be “Palestine”, which was admitted to the ICC in 2015, in stark violation of the Palestinian Authority’s Oslo Accords with Israel. Since the court cannot discuss unrecognized territories, it agreed to define one for the sake of protocol in 2021. Hungarian Judge Péter Kovács issued a dissenting opinion, criticizing the court for its lack of proper legal basis. Yet the ICC continued to paint the dartboard after the dart hit.
Much like the USSR’s sham trials, the ICC also reflects a deeper and alarming insight into a once-respected international institution. It seems that the media’s limelight rather than real criteria determines its outreach. There is simply no other way to characterize how Gaza’s relatively negligent and unreliable number of fatalities gets much of the attention, while objectively severe war theaters such as the war in Yemen (400 thousand killed and starved and 16 million at the brink of starvation) or the war in South Sudan (7.7 million projected to face acute food insecurity) get practically none. No other way to explain how 156 resolutions passed against Israel at the UN General Assembly since 2015, with Russia far second at 24 and none passed against Qatar or Venezuela.
In the words of prosecutor Khan’s predecessor at the ICC, Luis Moreno Ocampo: “Everyone knows starvation happened” in Gaza, while falling short of providing evidence. This “everyone knows” attitude determined the court’s proceedings, not evidence.
Legal acrobatics and confirmation bias only help making Israel’s case against the ICC, creating personally-customized law, rather than international law. This is why the ICC’s override managed to set off alarms not just in Jerusalem, but in Washington, and for a good reason. Both President Biden and President Elect Trump strongly condemned this move. They are fully aware that allowing a precedent on Israel would be allowing it on the United States as well. It has been scorched before: in 2020, the Trump administration laid sanctions on ICC officials following the court’s decision to launch a probe into American servicemen in Afghanistan. The court then backed down and “deprioritized” the US case. Then in 2022, during the Biden administration’s tenure, the ICC resumed its investigation. If Israel’s gold standard of 1:1.2 military to civilian ratio is considered “genocide”, now imagine how could the ICC describe the US’ record in Afghanistan.
There is a simple way out of this imbroglio: degrade and defund the ICC. Like any institution, the ICC is only as strong as its legitimacy and its funding. European countries who wish to keep their sovereignty would be wise to pull out funding and opt out of the ICC. Rather than announcing they will respect the ruling, they should be leading the opposition to it. They may gloat over seeing Israel in the hot seat, and may look up to the ICC with awe and reverence, but they could well be next. A real international setting to prosecute war criminals should be set, rather than a kangaroo court. The credibility that the ICC has been selling was exposed as window dressing. Now European countries should stop buying it.
