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What You Need to Know About the ICC Arrest Warrants for Israeli Leaders
You may have heard that the ICC (International Criminal Court) is on a path toward issuing arrest warrants against Israeli leaders. But you may not know how this came about, where we are in the process, and what it could mean for Israel, America, and the entire free world.
To help you cut through the disorganized reports, sensationalism, and widespread misinformation, here is a thorough and clear update — from a lawyer.
The ICC is distinct from the International Court of Justice (ICJ). At the ICJ, South Africa is attempting to make a case against Israel for genocide, which will take years to complete. However in the meantime, South Africa has repeatedly presented emergency motions for an immediate and unconditional ceasefire, including an attempt just last week which does not technically accomplish that goal, but comes perilously close.
Separately, but in parallel, the ICC prosecutor, Karim A. Khan, has brought a request to the ICC to issue international arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, as well as several Hamas leaders.
If granted, these arrest warrants will make it impossible for Netanyahu to leave Israel and enter any of the 124 countries that are members of the ICC (approximately two thirds of the world), as well any additional countries that have mutual law enforcement agreements, such as all Interpol countries.
The United States is not an ICC member, and would be unlikely to enforce the warrant, however most European countries are either ICC or Interpol members (or both), as well as much of South America and some of the Asia-Pacific.
So how did this all come about?
The ICJ has jurisdiction over Israel because Israel signed the Genocide Convention of 1948. In fact, Israel helped draft the document, which is meaningfully connected to the very soul of Israel, as the whole concept is an outgrowth of the Holocaust. It is therefore a cruel irony that Hamas and its allies would weaponize the ICJ against Israel. Paradoxically the ICJ does not have jurisdiction over Hamas, so if they do issue a “ceasefire” order, it will be one in which Israel ceases, but Hamas fires.
By contrast, the ICC does not have jurisdiction over Israel, except insofar as the Court unilaterally decided that it does.
Specifically, the ICC is charged with enforcing an international treaty called the Rome Statute, which was ratified by 124 countries but notably, not by Israel or the United States. How then did the ICC come to the conclusion that it can enforce a treaty over a country that never actually agreed to it?
The ICC’s rules hold that the Court may exercise jurisdiction over any events that occur inside the borders of a member state. The ICC recognizes a Palestinian state, and includes it as a member of the ICC. Although the “state” of Palestine has no recognized borders or territory, the ICC nonetheless ruled in 2015 that events occurring inside the West Bank and the Gaza Strip count as being “inside” the “borders” of the “State of Palestine,” and are therefore subject to the Court’s jurisdiction.
In recent days, the ICC prosecutor accused Israel of a number of violations of the Rome Statute, which is paradoxical on several levels at once: for one, Israel never agreed to be bound by the Rome Statute, and secondly, the specific accusations are patently untrue.
For example, the prosecutor accuses Israel of preventing the flow of humanitarian aid, even though according to well verified data, Gaza has received enough aid to feed every man, woman, and child twice over. (There is nonetheless an apparent food shortage as both Hamas and UNRWA employees steal much of the food.) The prosecutor accuses Israel of closing the crossings by which aid enters the Gaza Strip (the crossings are actually open and active despite Hamas’ frequent bombings of the crossings) and, of course, Israel stands accused of genocide, despite taking historic measures to protect civilians, and producing the lowest civilian to combatant casualty ratio for a conflict of this type in human history.
Moreover, by requesting arrest warrants against both Israeli leaders and Hamas terror operatives, Prosecutor Khan has effectively drawn an astonishing moral and legal equivalence between Israel, a modern Western democracy with a famously independent judiciary, and one of the world’s most notorious terror groups — and a parallel between the October 7 terrorist massacre, and the self defense of the very victims of that massacre.
To be clear, the arrest warrants have not yet been issued, but are currently being presented to the ICC’s panel of 18 judges for approval. Yet this arrest approval process is not a trial in which both sides present evidence and make arguments. To the contrary, the prosecutor needs to show merely that there are “reasonable grounds” for the arrest warrants, but without the accused having a right to reply or to present evidence as part of that decision. This process is roughly comparable to what American courts call a “Grand Jury hearing,” and American lawyers have an old joke that in such hearings the evidentiary requirements are so low that, “a Grand Jury will indict a ham sandwich if you ask them to.”
So in a cruel paradox, by the ICC’s own rules, evidence is irrelevant, truth is irrelevant, and even reality itself is irrelevant. It is enough that the ICC prosecutor makes an accusation, and then world leaders who never even agreed to the Court’s jurisdiction can find themselves subject to its arrest powers. Furthermore, there is no guarantee that Khan will stop with Israeli leaders — by Khan’s logic, as expressed in this prosecution, it is possible that IDF soldiers and former IDF soldiers (in other words, most Israelis) could eventually face international arrest as well.
So what happens now?
It is not clear how long it will take the judges to approve the arrest warrants — deliberations could take anywhere from days to months. It is rare that the ICC judges would refuse to approve an arrest warrant, but this case may be different because the United States has announced that it will take action.
Fearing that America’s enemies could use the ICC as a weapon against American leaders and soldiers, the US not only refused to join the ICC, but also passed a bipartisan law in 2002 affirming that America would protect American service people and allies against a weaponization of the Court. A bipartisan bill currently working its way through Congress envisions placing sanctions on the ICC prosecutor, the judges, and their families. This would limit their ability to travel, and also may shut down their bank accounts and other access to basic day to day life necessities — in other words, this is a powerful diplomatic tool.
Although it is not clear what will happen in the coming days and months with respect to the ICC, one thing is clear: Hamas, which cannot defeat the IDF on the battlefield, is attempting to weaponize international law to defeat Israel off the battlefield. Whether they will succeed, and whether other terror organizations use such weapons in the future, depends on how Israel and America respond in the days to come.
An important additional note: many throughout the world, including some Israelis, blithely say that some Israeli leaders are “criminals” and deserve to be arrested (a common refrain in politics). Yet the specific claims against Israeli leaders in this case do not relate to normal domestic political issues, such as corruption, judicial reform, or the like. To the contrary, the case against Israel relates to issues on which almost all Israelis agree — specifically the performance of the IDF and Israel’s self defense.
In fact, it is notable that the Israeli prime minister is not the “Commander in Chief ” of the armed forces as the US president is. Rather, that role belongs to the war cabinet, which is composed of Israeli representatives from the right, left, and center, and enjoys broad public support. In other words, a criticism of the IDF or of Israel’s self defense in Gaza is not merely a criticism of Netanyahu as some like to claim, but rather of the entire State of Israel and the broad consensus of the Israeli people.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
The post What You Need to Know About the ICC Arrest Warrants for Israeli Leaders first appeared on Algemeiner.com.
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Switzerland Moves to Close Gaza Humanitarian Foundation’s Geneva Office Over Legal Irregularities
Palestinians carry aid supplies received from the US-backed Gaza Humanitarian Foundation in the central Gaza Strip, May 29, 2025. Photo: REUTERS/Ramadan Abed/File Photo
Switzerland has moved to shut down the Geneva office of the Gaza Humanitarian Foundation (GHF), a US- and Israeli-backed aid group, citing legal irregularities in its establishment.
The GHF began distributing food packages in Gaza in late May, implementing a new aid delivery model aimed at preventing the diversion of supplies by Hamas, as Israel continues its defensive military campaign against the Palestinian terrorist group.
The initiative has drawn criticism from the UN and international organizations, some of which have claimed that Jerusalem is causing starvation in the war-torn enclave.
Israel has vehemently denied such accusations, noting that, until its recently imposed blockade, it had provided significant humanitarian aid in the enclave throughout the war.
Israeli officials have also said much of the aid that flows into Gaza is stolen by Hamas, which uses it for terrorist operations and sells the rest at high prices to Gazan civilians.
With a subsidiary registered in Geneva, the GHF — headquartered in Delaware — reports having delivered over 56 million meals to Palestinians in just one month.
According to a regulatory announcement published Wednesday in the Swiss Official Gazette of Commerce, the Federal Supervisory Authority for Foundations (ESA) may order the dissolution of the GHF if no creditors come forward within the legal 30-day period.
The Trump administration did not immediately respond to requests for comment on the Swiss decision to shut down its Geneva office.
“The GHF confirmed to the ESA that it had never carried out activities in Switzerland … and that it intends to dissolve the Geneva-registered branch,” the ESA said in a statement.
Last week, Geneva authorities gave the GHF a 30-day deadline to address legal shortcomings or risk facing enforcement measures.
Under local laws and regulations, the foundation failed to meet several requirements: it did not appoint a board member authorized to sign documents domiciled in Switzerland, did not have the minimum three board members, lacked a Swiss bank account and valid address, and operated without an auditing body.
The GHF operates independently from UN-backed mechanisms, which Hamas has sought to reinstate, arguing that these vehicles are more neutral.
Israeli and American officials have rejected those calls, saying Hamas previously exploited UN-run systems to siphon aid for its war effort.
The UN has denied those allegations while expressing concerns that the GHF’s approach forces civilians to risk their safety by traveling long distances across active conflict zones to reach food distribution points.
The post Switzerland Moves to Close Gaza Humanitarian Foundation’s Geneva Office Over Legal Irregularities first appeared on Algemeiner.com.
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Key US Lawmaker Warns Ireland of Potential Economic Consequences for ‘Antisemitic Path’ Against Israel
US Sen. James Risch (R-ID) speaks during a Senate Foreign Relations Committee hearing, Washington, DC, May 21, 2024. Photo: Graeme Sloan/Sipa USA via Reuters Connect
Senate Foreign Relations Committee Chairman James Risch (R-ID) issued a sharp warning Tuesday, accusing Ireland of embracing antisemitism and threatening potential economic consequences if the Irish government proceeds with new legislation targeting Israeli trade.
“Ireland, while often a valuable U.S. partner, is on a hateful, antisemitic path that will only lead to self-inflicted economic suffering,” Risch wrote in a post on X. “If this legislation is implemented, America will have to seriously reconsider its deep and ongoing economic ties. We will always stand up to blatant antisemitism.”
Marking a striking escalation in rhetoric from a senior US lawmaker, Risch’s comments came amid growing tensions between Ireland and Israel, which have intensified dramatically since the Hamas-led attacks on southern Israel on October 7, 2023. Those attacks, in which roughly 1,200 Israelis were killed and more than 200 taken hostage, prompted a months-long Israeli military campaign in Gaza that has drawn widespread international scrutiny. Ireland has positioned itself as one of the most vocal critics of Israel’s response, accusing the Israeli government of disproportionate use of force and calling for immediate humanitarian relief and accountability for the elevated number of Palestinian civilian casualties.
Dublin’s stance has included tangible policy shifts. In May 2024, Ireland formally recognized a Palestinian state, becoming one of the first European Union members to do so following the outbreak of the war in Gaza. The move was condemned by Israeli officials, who recalled their ambassador to Ireland and accused the Irish government of legitimizing terrorism. Since then, Irish lawmakers have proposed further measures, including legislation aimed at restricting imports from Israeli settlements in the West Bank, policies viewed in Israel and among many American lawmakers as aligning with the controversial Boycott, Divestment, and Sanctions (BDS) movement.
While Irish leaders have defended their approach as grounded in international law and human rights, critics in Washington, including Risch, have portrayed it as part of a broader pattern of hostility toward Israel. Some US lawmakers have begun raising the possibility of reevaluating trade and diplomatic ties with Ireland in response.
Risch’s warning is one of the clearest indications yet that Ireland’s policies toward Israel could carry economic consequences. The United States is one of Ireland’s largest trading partners, and American companies such as Apple, Google, Meta and Pfizer maintain substantial operations in the country, drawn by Ireland’s favorable tax regime and access to the EU market.
Though the Trump administration has not echoed Risch’s warning, the remarks reflect growing unease in Washington about the trajectory of Ireland’s foreign policy. The State Department has maintained a careful balancing act, expressing strong support for Israel’s security while calling for increased humanitarian access in Gaza. Officials have stopped short of condemning Ireland’s actions directly but have expressed concern about efforts they see as isolating Israel on the international stage.
Ireland’s stance is emblematic of a growing international divide over the war. While the US continues to provide military and diplomatic backing to Israel, many European countries have called for an immediate ceasefire and investigations into alleged war crimes.
Irish public opinion has long leaned pro-Palestinian, and Irish lawmakers have repeatedly voiced concern over the scale of destruction in Gaza and the dire humanitarian situation.
Irish officials have not yet responded to The Algemeiner’s request for comment.
The post Key US Lawmaker Warns Ireland of Potential Economic Consequences for ‘Antisemitic Path’ Against Israel first appeared on Algemeiner.com.
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Israel Condemns Iran’s Suspension of IAEA Cooperation, Urges Europe to Reinstate UN Sanctions
Israeli Foreign Minister Gideon Saar at a press conference in Berlin, Germany, June 5, 2025. REUTERS/Christian Mang/File Photo
Israeli Foreign Minister Gideon Saar on Wednesday condemned Iran’s decision to halt cooperation with the UN’s nuclear watchdog and called on the international community to reinstate sanctions to curb Tehran’s nuclear ambitions.
“Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy Agency),” Saar wrote in a post on X. “This is a complete renunciation of all its international nuclear obligations and commitments.”
Last week, the Iranian parliament voted to suspend cooperation with the IAEA “until the safety and security of [the country’s] nuclear activities can be guaranteed.”
“The IAEA and its Director-General are fully responsible for this sordid state of affairs,” Iranian Foreign Minister Abbas Araghchi wrote in a post on X.
The top Iranian diplomat said this latest decision was “a direct result of [IAEA Director-General Rafael Grossi’s] regrettable role in obfuscating the fact that the Agency — a full decade ago — already closed all past issues.
“Through this malign action,” Araghchi continued, “he directly facilitated the adoption of a politically-motivated resolution against Iran by the IAEA [Board of Governors] as well as the unlawful Israeli and US bombings of Iranian nuclear sites.”
The Parliament of Iran has voted for a halt to collaboration with the IAEA until the safety and security of our nuclear activities can be guaranteed.
This is a direct result of @rafaelmgrossi‘s regrettable role in obfuscating the fact that the Agency—a full decade ago—already…
— Seyed Abbas Araghchi (@araghchi) June 27, 2025
On Wednesday, Iranian President Masoud Pezeshkian approved a bill banning UN nuclear inspectors from entering the country until the Supreme National Security Council decides that there is no longer a threat to the safety of its nuclear sites.
In response, Saar urged European countries that were part of the now-defunct 2015 nuclear deal to activate its “snapback” clause and reinstate all UN sanctions lifted under the agreement.
Officially known as the Joint Comprehensive Plan of Action (JCPOA), this accord between Iran and several world powers imposed temporary restrictions on Tehran’s nuclear program in exchange for sanctions relief.
During his first term, US President Donald Trump withdrew from the deal and reinstated unilateral sanctions on Iran.
“The time to activate the Snapback mechanism is now! I call upon the E3 countries — Germany, France and the UK to reinstate all sanctions against Iran!” Saar wrote in a post on X.
“The international community must act decisively now and utilize all means at its disposal to stop Iranian nuclear ambitions,” he continued.
The time to activate the Snapback mechanism is now!
I call upon the E3 countries- Germany, France and the UK to reinstate all sanctions against Iran!
Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy…— Gideon Sa’ar | גדעון סער (@gidonsaar) July 2, 2025
Saar’s latest remarks come after Araghchi met last week in Geneva with his counterparts from Britain, France, Germany and the European Union’s Foreign Policy Chief Kaja Kallas — their first meeting since the Iran-Israel war began.
Europe is actively urging Iran to reengage in talks with the White House to prevent further escalation of tensions, but has yet to address the issue of reinstating sanctions.
Speaking during an official visit to Latvia on Tuesday, Saar said that “Operation Rising Lion” — Israel’s sweeping military campaign aimed at dismantling Iran’s nuclear capabilities — has “revealed the full extent of the Iranian regime’s threat to Israel, Europe, and the global order.”
“Iran deliberately targeted civilian population centers with its ballistic missiles,” Saar said at a press conference. “The same missile threat can reach Europe, including Latvia and the Baltic states.”
“Israel’s actions against the head of the snake in Iran contributed directly to the safety of Europe,” the Israeli top diplomat continued, adding that Israeli strikes have set back the Iranian nuclear program by many years.
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