Faran Ahmad Shaheen, UK
The International Criminal Court (ICC) has requested the arrest warrants of Israeli leaders, including Prime Minister Benjamin Netanyahu, as well as Hamas leaders. The oppression and violence we have been witnessing in the Middle East is inhumane, to say the least, but this recent ICC move appears to be a step in the right direction.
The actions of the Israeli government now face adequate scrutiny
The ICC Chief Prosecutor, Karim Ahmad Khan, presented a compelling and undisputed case, emphasising the need for Israel to be held to account for how it has been, and is, conducting its military operations, rightfully upholding that no one is above the law.
A notable charge against Israel, which has attracted common consensus, is the ‘Starvation of civilians as a method of warfare’. We have seen that the Israeli government has intentionally implemented collective punishment upon the Palestinians, consequently leading them to boldly admit blocking food and aid to Gaza. Anyone who objects to these claims should immediately be directed to the statements made by the Israeli leadership. Israeli President Isaac Herzog stated that all Gazans were ‘responsible’ for the terrorist attacks of October 7th, explaining, “It is not true this rhetoric about civilians not being aware, not involved. It’s not true.” Israeli Defence Minister Yoav Gallant firmly stated that he ordered a full siege of Gaza, saying, “There will be no electricity, no food, no fuel. Everything is closed.” He said, “We are fighting human animals and we act accordingly.” (“What have Israeli officials said about Palestinians in Gaza?”, www.newarab.com)
A United Nations-coordinated partnership consisting of 15 international organisations and UN agencies investigated the hunger crises in Gaza, stating on the 18th of March 2024 that ‘all evidence points towards a major acceleration of death and malnutrition’ with 70% of the population of northern Gaza experiencing catastrophic hunger. (“Gaza: Israel’s Imposed Starvation Deadly for Children”, www.hrw.org) On 20 May 2024, the UN reported that now 1.1 Million people in Gaza face catastrophic levels of food insecurity, highlighting how the Israeli government are carrying out the despicable and inhumane actions they promised. (“Israel continues to block aid into northern Gaza; UN sending team to shattered Al-Shifa Hospital”, news.un.org)
So, from the evidence just presented, it is clear that the Israeli government intends to punish all civilians in Gaza and has remained committed to its aims. It is therefore a complete untruth when the Israeli government says their war is with Hamas, but rather with all innocent civilians whom they have categorised as terrorists on insufficient grounds. Using the logic of the Israeli leadership, to them, even babies would count as terrorists and ‘human animals’, perfectly illustrating how the Israeli government has ditched all forms of morality and common sense.
Another significant charge facing Israel is that they are ‘Intentionally directing attacks against a civilian population as a war crime’. This can be upheld through a report from Human Rights Watch on 14 May 2024 that Israeli forces carried out at least eight strikes on aid workers’ convoys and premises in Gaza since October 2023, even though aid groups had provided their coordinates to the Israeli authorities to ensure their protection. Furthermore, Human Rights Watch reported that Israeli authorities did not issue a warning to any of the aid organisations before the strike, which killed or injured 31 aid workers (with 250 aid workers having been killed in Gaza since the October 7th attacks). (“Gaza: Israelis Attacking Known Aid Worker Locations”, www.hrw.org) This ultimately degrades trust and credibility in the Israeli Defence Force as an organisation responsible for intentionally doing its best to limit civilian casualties. The IDF’s reckless attitude in evidently intentionally targeting aid workers forms firm grounds to assume they are purposefully launching attacks on innocent Gazan civilians. Based upon the undisputed facts presented, anyone who refutes the charges lacks reason or as we see in most cases, is behaving partisanly.
Defenders of the Israeli government offer weak defences
Defenders of the Israeli government’s actions in Gaza make the argument that Israel’s governing institutions are acting solely in self-defence and are behaving morally. For example, UK Prime Minister Rishi Sunak stated, whilst attacking the actions of the ICC, that Israel is a ‘democratic state exercising its lawful right to self-defence’. This is a highly naïve assertion to make, given that a valid case can be made to contest such a notion.
Any rational person can now see that Israel’s motives in the war are no longer confined to self-defence and the extermination of Hamas. Rather, bigger motives are at play, such as the prevention of Palestine from being globally recognised as a state and Israeli territorial expansion.
The Times of Israel stated that according to various reports in early 2019, Netanyahu, in a Likud Faction meeting, was quoted saying that funds should be sent to Hamas as maintaining the separation between the Palestinian authority in the West Bank and Hamas in Gaza would prevent any formation of a Palestinian state. (“For years, Netanyahu propped up Hamas. Now it’s blown up in our faces”, www.timesofisrael.com) Furthermore, Netanyahu has numerously repeated his sheer hostility towards a Palestinian state in 2024, which further adds to the validity of such reports that he needs Hamas to be in operation to prevent a Palestinian state. These are not the words of a Prime Minister who desires peace and stability for his country in the long term, nor one who seems to also have the innocent Palestinian civilians’ interests at heart as he has so falsely and repeatedly claimed to have.
Netanyahu has traditionally been highly supportive of expanding illegal settlement on the West Bank lands occupied by Israel after the 1967 Six-Day War. The most recent proof of this is shown in June 2023, when Netanyahu’s government said they planned to approve 4,560 new housing units in various areas of the West Bank, a move that the US State Department described as having been ‘deeply troubled by’. (“Top minister says Israel to keep promoting settlements despite U.S. concern”, www.reuters.com) Two senior far-right members of Netanyahu’s government called for the rebuilding of settlements in Gaza, encouraging Palestinians to voluntarily leave the area for good, whilst not ruling out Israeli citizens from unjustly taking their places to inhabit areas in Gaza. Undeniable facts, demonstrate the Israeli government’s passionate desire for territorial expansion into Palestinian areas, going beyond just self-defence.
Several studies have shown that the Israeli Supreme Court has played a vital role in enabling Israel’s illegal territorial expansions and legitimising state persecution against Palestinians. The rulings have led to the expropriation of Palestinian land, home demolitions, deportations and legal cover for extrajudicial executions all being deemed legitimate. (“The problem with Israel’s so-called ‘crisis of democracy’”, www.aljazeera.com) Therefore Israeli institutions have supported apartheid and discrimination, carrying out actions deemed incompatible with international law and therefore having behaved in an illegal and morally corrupt manner. This ultimately begs the question as to how anyone, including Western leaders, can attribute any credibility to what the Israeli government says or does or simply rely upon them to carry out just actions.
The Israeli government and its defenders have accused supporters of the ICC ruling and a Palestinian state of wishing for the inexistence of Israel as a state, being Hamas sympathisers and anti-Semites. These are highly baseless accusations to make. To be clear, as the ICC rightfully upheld, Israel does have every right to defend itself, however, it must be within proportion. Furthermore, the people who support the horrendous acts committed by Hamas are contrary to the many people who sincerely wish for an end to bloodshed and a lasting, peaceful solution. Therefore, how can one possibly argue that the people who wish for an end to the conflict are supporters of a terrorist organisation? So the accusations made are absurd notions which is evidence of the sheer depth of flawed logic possessed by the Israeli leadership and its defenders. Furthermore, Netanyahu and other Israeli officials have weaponised the meaning of antisemitism, using it as a banner to hide behind to use it as an excuse to commit the most heinous crimes. To be crystal clear, honest and fair criticism of the Israeli leadership is in no way an attack upon the religion of Judaism. The actions of the Israeli government do not represent the true teachings of Judaism, which advocate for peace, and they should always be held to account for it.
Blatant Western hypocrisy is once more evident
Numerous high-profile Western politicians who severely criticised Netanyahu’s conduct in the war are now suddenly defending him in light of the ICC’s actions.
US President Joe Biden said Netanyahu was making a ‘mistake’ over his handling of the war. He further stated that Netanyahu is ‘hurting Israel more than helping it’. UK Foreign Secretary David Cameron has also expressed numerous criticisms of Netanyahu and the Israeli leadership, having strongly stated that Israel has arbitrarily denied aid to Gaza. US Senate Majority Leader Chuck Schumer described Netanyahu as having ‘lost his way’ and was an obstacle to peace, to which Netanyahu hit back at Schumer for his ‘wholly inappropriate criticism’.
The leaders that have been mentioned make fair criticisms of Netanyahu based on the facts in front of us. However, it then turns out that following the ICC’s process to look into a possible arrest warrant for Netanyahu, those leaders changed their tune drastically. For example, Biden slammed the recent ICC actions as ‘outrageous’, saying, “It’s clear Israel wants to do all it can to ensure civilian protection,” Anyone can see what a comical statement this is, due to being an outrageous contradiction to his previous statements on Israel behaving incorrectly in limiting civilian casualties. Additionally, Cameron has opposed the ICC’s actions, even going so far as to call out Labour, who appeared to express support for the ICC and commitment to international law. Finally, Schumer described the actions of ICC as ‘reprehensible’ whilst claiming Israel is only defending itself. A consistent pattern now emerges that whilst such leaders were highly critical of Netanyahu when it came to expressing support to formally holding him to account for his illegal conduct, they all shied away.
Furthermore, we see double standards whereby the West supported the ICC’s arrest warrant for their enemy, Russian President Vladimir Putin, however, when the ICC held Israel to account, their closest ally in the Middle East, they harshly attacked the very institution they partially relied on to carry out justice internationally. We are seeing once again Western leader’s abandonment of just principles and commitment to international law which now sets a terrifying and dangerous precedent for the prospects of global security and peace.
The ICC’s actions symbolise the correct way forward
The ICC’s actions symbolise the correct way forward. The ICC’s stance on the Israel-Hamas war is symbolic in that it helps to advocate for a fair and balanced solution, designed to address the needs of both Israel and Palestine, not just one side. By considering arrest warrants for the leaders of both sides, it endorses the valuable notion that both leaderships have adopted the wrong approaches to ending the conflict, prioritising their self-interests and increasing violence and bloodshed. Rather than support one side, one should condemn Hamas and the Israeli leadership while supporting a peaceful resolution. Sensible moral and democratic leadership is essential for resolving the conflict.
Hopes for the conflict’s resolution look greater
Major strides have been taken in the hopes of an end to the conflict by prominent figures, nations and organisations. For example, the ICC’s actions gained the support of countless high-profile figures, such as the prominent human rights lawyer Amal Clooney, who recommended the arrest warrants. The long-serving US Senator Bernie Sanders, who is of Jewish faith, has been a staunch critic of the Israeli government, stating the ICC’s arrest warrant for Israeli leaders was ‘right’. Furthermore, the International Court of Justice (the UN’s top court) has called on Israel to immediately cease the invasion of Rafah and allow humanitarian aid. The Israeli government, being subject to intense forms of scrutiny, adds to the increased chance of a resolution to the conflict. Most importantly, Ireland, Norway, and Spain have taken formal steps to officially recognise Palestine as a country, while many Western countries have consistently expressed firm support for a peaceful resolution despite the Israeli government’s rejection of it. This has arguably triggered an irreversible chain reaction whereby Palestine is on the way to being globally recognised as a state and the prospects of a peaceful resolution seem fairly realistic.
The ICC’s actions represent a significant step in holding Israel accountable for its disproportionate and excessive violations against Palestinians. While both sides have committed a degree of wrong in the conflict, Israel is finally being challenged and pushed back for its systemic oppression, illegal occupation, blatant disregard for international law, and indiscriminate killing of innocent civilians. This conflict cannot end in the absence of sensible and moral leaders. As for the ICC, generations will salute them for being on the right side of history.
