Critics of the International Criminal Court (ICC) are expressing anger over the consideration to issue arrest warrants for Israeli and Hamas officials, citing the ineffectiveness of the court in prosecuting cases. Orde Kittrie, a law professor at Arizona State University, pointed out that the ICC has less than 10 successful prosecutions in over two decades, despite spending over $2 billion. He argued that the ICC is prohibited from going after a state that effectively polices its own alleged violations, which Israel does. Kittrie believes the decision to go after Israeli officials is politically driven and driven by anti-Israel bias.
ICC prosecutor Karim Khan recently announced that he would file an application requesting arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif. The decision was based on a review of evidence by a panel of experts, including human rights attorney Amal Clooney. Khan cited alleged crimes of “starvation of civilians as a method of warfare” and “directing attacks against a civilian population.” Critics have condemned Khan for equating the Israeli officials with Hamas leaders, despite allegations of war crimes and crimes against humanity by both groups.
Many critics are highlighting cases of missing individuals that they believe the ICC should pursue, such as Syrian President Bashar al-Assad, North Korean leader Kim Jong-un, and officials from the Iranian regime. The ICC has ongoing investigations in several countries, including the Democratic Republic of the Congo, Sudan, Libya, Mali, Afghanistan, the Philippines, and Russia’s crimes in Ukraine. The court has taken action in cases where signatories of the Rome Statute provide jurisdiction, such as in the case of Russia invading Ukraine, where an arrest warrant was issued for Russian President Vladimir Putin.
Israel is not a signatory to the Rome Statute, but the Palestinian Territories, designated by the ICC as the State of Palestine, is a signatory and ratified the statute in 2015. This gives the ICC jurisdiction to investigate alleged crimes in the Gaza Strip. The announcement regarding the application for arrest warrants this week also mentions “the Territory of Israel,” despite the United Nations not recognizing a Palestinian state. The ICC prosecutor’s office did not respond to inquiries from Fox News Digital.
Critics of the ICC argue that the issuing of arrest warrants ultimately does not hold much weight, as seen in the case of Putin continuing his war into a third year despite the warrant issued against him. Kittrie believes that the U.S. will likely cut off its assistance to the ICC in response to the arrest warrants. While China, Syria, and Iran are not signatories to the Rome Statute, Venezuela is, and the court has the ability to intervene in cases where there is a lack of territorial justification. Overall, critics view the ICC’s decision to go after Israeli and Hamas officials as politically driven and biased.
