On Thursday, in a ground-breaking decision, the International Criminal Court (ICC) issued an arrest warrant for Netanyahu, Gallant and Mohammed Deif on the charges of war crimes and crimes against humanity, specially in the context of their alleged role in the post-7 October, 2023 events in the Gaza Strip. In its ruling, the ICC has asserted that Israeli Prime Minister, Netanyahu, and his former Defense Minister, Gallant, have been involved in heinous crimes against the civilian population of Gaza. Food, water, medicine and shelter are being weaponized by the top Israeli leadership as tools of starvation for civilian people of Gaza in a very systemic and organized way which especially targets vulnerable groups, children and women, in the conflict zone.
Meanwhile, charges have been made against Mohammed Deif for the 7 October attack on Israel, which resulted in the killing of 1,200 Israeli and 250 captives of Israel at Hamas’ hand, as reported by Israel. However, since that time, this allegation has been refuted by Israeli media and reputable independent journalists, all of whom have established that the Israelis were, in fact, killed by Israeli helicopters and tanks and not by Hamas.
Since the 7 October 2023 attack, which prompted Israel to carry out a ground invasion of the Gaza Strip for the elimination of Hamas, the civilian population has remained the primary target of Israel, resulting in the massacre of roughly 44,000 Palestinians in the Gaza, in which half of them are children and women, according to Health Ministry of Gaza. Meanwhile, recent finding has revealed that more than 14,750 children have been killed during the whole year of military siege of Gaza by Israel Defense Forces. Additionally, 80 per cent of vital infrastructure of Gaza such as hospitals, schools, shelter-houses and universities are critically damaged due to intense violence and brutal tactics of the IDF.
Therefore, the ICC’s ruling gives a relief hope for the people of Palestine and their supporters across the globe who have been voicing, since the start of the Gaza war, about criminal and genocidal intent of state of Israel, who viewed fellow Palestinians as inhuman and sub-human, even lower than animal, such a bizarre and unjustified human objectification.
Unsurprisingly, Israel has rejected the ruling of the Court, calling it absurd and misleading and even equivalent to anti-Semitism. Israel, which is not member of ICC, raised the question over the jurisdiction of the verdict of ICC; however, the opposite side claimed that Palestine became a member of the ICC in 2015, and now parts of the Occupied Territories of Gaza and the West Bank are in the jurisdiction of the ICC and this verdict is fully applied to the Gaza war. Beside the jurisdiction dispute, Israel has also raised objection that it has not been given the right to self-defense itself and the Prosecution and court judges seemed in haste to issue the arrest warrant to the top official of Israel, calling them biased and unacceptable to people of Israel.
Meanwhile, the strongest ally of Israel – the USA – has rejected the ruling of the ICC and called it fundamentally biased and wrong; the USA is not a member of the ICC. Inside reports claim that the USA is irritated over the issuing of the arrest warrant of top officials of Israel. One has to be reminded that USA’s support is critical and a lifeline for the survival and existence of Israel and, since the October 2023 attacks, Israel’s reliance on the USA has doubled down, as it requires more economic and military assistance for its jingoism and militancy in Gaza and beyond, especially in Lebanon and Syria. On the previous day, before the ruling of the ICC, the USA vetoed a resolution calling for a comprehensive ceasefire agreement in Gaza between Hamas and Israel, although it was not first time the USA vetoed such a resolution. Additionally, the USA has pumped billions of dollars into Tel Aviv for the continuation of its war crimes and crime against humanity in the Gaza Strip.
The distinguished Professor, John Mearsheimer, in his seminal book, “The Israel Lobby and US Foreign Policy (2007)”, documented that the Jewish lobby is one of the strongest lobbies in Washington, which has remained very influential and powerful over the White House, State Department, Pentagon and the America media due to its strong economic and logistic base. And this Jewish lobby is the key to the unfettered support of Israel from the corridors of Washington. The recent ruling is definitely not viewed positively by this Jewish lobby, and the lobby will assert its power and influence over the American system to dilute the effectiveness and implementation of the ruling of the ICC.
It is also worth noting that the ICC is an inter-governmental organization formed in 2002 for convicting individual criminal charges of war crimes and crime against humanity, which has 124 members across the globe. Although great powers like the USA, China, Russia and India are not members of the ICC, yet significant blocs like the EU and developed countries such as Britain and Japan and other Latin, Asian and African countries are enjoying full membership of ICC and are in compliance of the implementation of ICC ruling if a convicted individual would travel to these countries; therefore, the risk of arrest via international travelling will be manifold for Netanyahu and Gallant. A top official of the EU has stated that the EU would enforce the ruling of the ICC if these individuals will travel to EU countries. However, legal experts opined that the ICC has lacked enforced mechanism and force to implement the arrest warrant of Netanyahu and Gallant.
Despite the real implementation of these arrest warrants against Netanyahu and Gallant, an overwhelming number of Palestinians feel delighted and happy over the ruling of the ICC, which has accepted the public opinion of Palestinians that Israel is bent on killing and the massacre of people of Gaza in very systemic way. One key Palestinian observer opined that, since 1949, the Palestinians are being subjected to large killing, murder, torture, displacement and denial to any basic human right or any freedom under the UN Charter. “Genocide, occupation and apartheid” are the tools of Israel against the peaceful struggle of Palestinians for their independent homeland and their rights, he added. And Karim Khan, the top Prosecutor of the ICC, who sought the arrest warrant for Israeli top officials on 20 May, stated that the ruling of the ICC is historic.
Additionally, South Africa which is framing charges of genocide in the ICJ against Israel for its war crimes and crimes against humanity felt that the ruling of the ICC will strengthen its case in the ICJ; South Africa is also seeking an arms embargo on Israel due to the violation of Convention on Genocide in the Gaza war.
In conclusion, it is crystal clear that Israel has been pursuing genocide, Occupation and apartheid tactics against civilian population of Palestine for decades. On the legal front, Israel has been losing ground to legal jurisprudence for its military campaign and siege of the civilian population of Gaza. Like any other nation, under the UN Charter, Palestinians have the right to self-determination and their own sovereign and independent state; however, Israeli intentions and actions seem that it has torn down the two-state solution which is widely accepted by the international community, including the USA. Sooner or later, looking at the unbreakable resistance of the Palestinians for their homeland, their rights will materialize and the recent ruling by the ICC is right step in that direction.
-Sher Ali Bukhari is an independent journalist based in Lahore who writes on foreign policy, regional and global issues. His article appeared in MEMO.
