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Israel’s Kafkaesque Ordeal at the ICC
Proceedings at the International Criminal Court (ICC) in The Hague, Netherlands, February 16, 2021. Photo: ICC-CPI/Handout via Reuters.
Israel is facing unprecedented and bizarre proceedings at the International Criminal Court (ICC), crescendoing with a request by Prosecutor Karim Khan for arrest warrants against its sitting Prime Minister, Benjamin Netanyahu, and Defense Minister, Yoav Gallant.
These events are the result of a multi-faceted and long-developing campaign by anti-Israel activists that has largely advanced under the radar.
Firstly, Israel is not a member of the Court and does not recognize ICC jurisdiction over its actions. In the late 1990s, Israel was initially a strong backer of the ICC, but during the drafting of the Court’s governing Rome Statute, the Arab League blocked efforts to include terrorism as an international crime and helped invent a new crime that would specifically target Israeli activity across the 1949 armistice lines. For these reasons, Israel refused to ratify the Rome Statute and join the Court.
In any other situation, this would be the end of the matter. However, beginning in 2009, the Palestinian Authority (PA), acting in collaboration with UN Rapporteurs and European-funded NGOs linked to the Popular Front for the Liberation of Palestine terror group, attempted to join the Court.
Rather than dismiss the PA’s effort immediately because the PA is not a state — and ICC membership is only available to states — the ICC Prosecutor at the time, Luis Moreno-Ocampo, launched a PR campaign to ostensibly “debate” the issue. Three years later, he rejected the PA’s application, but instead provided a blueprint facilitating the Palestinians’ ability to circumvent the clear standards of the Rome Statute.
In November 2012, the Palestinians succeeded in upgrading their status at the UN to “non-member observer state.” Merely on the basis of this semantic, rather than substantive change, ICC officials allowed the Palestinians to game the system and join the Court.
Despite these machinations and exploitation of the Court, the next Prosecutor, Fatou Bensouda, filed a request with the Court’s Pre-Trial chamber (PTC) in December 2019 seeking authorization to open an investigation into crimes allegedly committed on the territory of the “State of Palestine,” despite the fact that this state does not exist and has no defined territory. Moreover, she argued that the Court could proceed against Israelis, regardless of whether it was a member of the Court.
This action, endorsed by the PTC in February 2021 in a controversial 2-1 opinion, essentially eviscerated the Oslo Accords, the agreement mutually agreed to between Israel and the PLO in the mid-1990s, which lays out governance of the West Bank and Gaza.
A key provision of the Accords is that the PA would not have any authority to exercise or delegate any criminal jurisdiction over Israelis to the Court. The Prosecutor and the Court completely ignored this issue.
In yet another unbelievable move, the Court next also allowed the Palestinians to retroactively assign temporal jurisdiction going back to June 13, 2014, precisely the day after the kidnapping and subsequent murder of three Israeli teenagers, which triggered the war that summer. This meant that Hamas’ brutal murder and kidnapping of Jews, a preview of what Israel would experience on a larger scale on October 7, would get a free pass from the Court.
Fast-forward to Khan’s move to file for arrest warrants against Netanyahu and Gallant. Here, too, the Prosecutor’s office engaged in highly questionable conduct. Khan could have already issued indictments against Hamas leaders on October 7 itself, when their flagrant crimes were broadcast around the world. Instead, he chose to wait until after manufactured allegations of “starvation” could be crafted against Israeli officials. He also inexplicably ignored thousands of other war crimes, including each rocket attack on Israel, committed by Palestinians since 2014.
In yet another outrageous move, at the time of the announcement, Khan’s team had been scheduled to attend meetings in Israel. However, the planned trip appears to have been a bad faith ruse. Instead of the team boarding the plane, Khan went on CNN to tell Christiane Amanpour in an exclusive interview about the arrest warrant requests. It doesn’t take an expert in communications to know that such a step would generate a storm of PR almost solely focused on Israel, meaning attention on the Hamas atrocities and real crimes committed on October 7 would be virtually ignored.
One also wonders if any mind was paid to what this action might mean for any hope of a ceasefire to secure the release of the hostages.
Egregiously, Khan’s actions offended another cornerstone of the Rome Statute, that of complementarity. The ICC is only supposed to act as a court of last resort in situations where a judicial system is unable or unwilling to investigate international crimes. As he himself acknowledged on a visit to Israel in early December, Israel has robust investigatory mechanisms and judiciary — one that has never shied away from intervening in military matters, nor in going after the most senior officials, including prime ministers.
Instead of giving the Israeli system a reasonable time to proceed, however, the Prosecutor disregarded the complementarity requirement and decided to bulldoze forward. In contrast, although Khan has had for years the jurisdiction to act against President Maduro in Venezuela, the Taliban in Afghanistan, and military junta in Myanmar — authoritarian governments responsible for horrific atrocities — no cases have been filed.
Multiple procedural irregularities and political maneuverings of the Office of Prosecutor have been well-documented, and there are several other disturbing aspects to the “Situation in Palestine” not mentioned here. For years, the ICC has been under intense criticism for its lack of accomplishments in its more than 20 years of operation. Khan was brought in to serve as a sober and responsible actor to right the ship. The actions of his office the past few months now call this assessment into question.
In an interview published with the Times of London a few days after his inexplicable actions, Khan stated, “if we don’t hold on to the law, we have nothing to cling onto.” The Prosecutor would be wise to reflect on his Office’s history and follow his own advice.
Anne Herzberg is the Legal Advisor of NGO Monitor, a Jerusalem-based research organization.
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Brooklyn Nets Select Israeli Basketball Players Ben Saraf, Danny Wolf in NBA Draft
The opening tip between the Brooklyn Nets and Washington Wizards, at Barclays Center, in Brooklyn, New York, Dec. 13, 2020. Photo: Wendell Cruz-USA TODAY Sports via Reuters Connect
In a landmark night for Israeli basketball, Ben Saraf and Danny Wolf were selected in the first round of the 2025 NBA Draft by the Brooklyn Nets, marking the first time two Israeli players have been drafted in the same year.
Saraf, a 19-year-old guard known for his explosive athleticism and creative playmaking, was taken with the 26th pick. A standout with Maccabi Rishon LeZion and a rising star on Israel’s youth national teams, Saraf gained international attention with his electrifying scoring and commanding court presence.
With the 27th pick, the Nets selected 7-foot center Danny Wolf out of the University of Michigan. Wolf, who holds dual US-Israeli citizenship and represented Israel at the U-20 level, brings a versatile skill set, including sharp passing, perimeter shooting, and a strong feel for the game. After his name was called, Wolf grew emotional in an on-air interview, crediting his family for helping him reach the moment.
“I have the two greatest brothers in the world; I have an unbelievable sister who I love,” Wolf said. “They all helped me get to where I am today, and they’re going to help me get to where I am going to go in this league.”
The historic double-pick adds to the growing wave of Israeli presence on the NBA stage, led by Portland Trail Blazers forward Deni Avdija, who just completed a breakout 2024–25 season. After being traded to Portland last summer, Avdija thrived as a starter, averaging 16.9 points, 7.2 rebounds, and 3.8 assists. In March alone, he posted 23.4 points, 9.8 rebounds, and 5.2 assists per game, including two triple-doubles.
“I don’t think I’ve played like this before … I knew I had it in me. But I’m not really thinking about it. I’m just playing. I’m just free,” Avdija told reporters in March
With Saraf and Wolf joining Avdija, Israel’s basketball pipeline has reached unprecedented visibility. Israeli President Isaac Herzog called the moment “a national celebration for sports and youth,” and Israeli sports commentators widely hailed the night as “historic.”
Both Saraf and Wolf are expected to suit up for the Nets’ Summer League team in July. As the two rookies begin their NBA journey, they join a growing generation of Israeli athletes proving that their game belongs on basketball’s biggest stage.
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Iran Denies Any Meeting With US Next Week, Foreign Minister Says
Iran’s Foreign Minister Abbas Araqchi attends a press conference following a meeting with Russia’s Foreign Minister Sergei Lavrov in Moscow, Russia, April 18, 2025. Photo: Tatyana Makeyeva/Pool via REUTERS
Iran currently has no plan to meet with the United States, Foreign Minister Abbas Araqchi said on Thursday in an interview on state TV, contradicting US President Donald Trump’s statement that Washington planned to have talks with Iran next week.
The Iranian foreign minister said Tehran was assessing whether talks with the US were in its interest, following five previous rounds of negotiations that were cut short by Israel and the US attacking Iran’s nuclear facilities.
The US and Israel said the strikes were meant to curb Iran’s ability to create nuclear weapons, while Iran says its nuclear program is solely geared toward civilian use.
Araqchi said the damages to nuclear sites “were not little” and that relevant authorities were figuring out the new realities of Iran’s nuclear program, which he said would inform Iran’s future diplomatic stance.
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Ireland Becomes First European Nation to Advance Ban on Trade With Israeli Settlements
A pro-Hamas demonstration in Ireland led by nationalist party Sinn Fein. Photo: Reuters/Clodagh Kilcoyne
Ireland has become the first European nation to push forward legislation banning trade with Israeli communities in the West Bank and East Jerusalem — an effort officials say is meant “to address the horrifying situation” in the Gaza Strip.
On Wednesday, Irish Foreign Affairs and Trade Minister Simon Harris announced that the legislation has already been approved by the government and will now move to the parliamentary Committee on Foreign Affairs and Trade for pre-legislative scrutiny.
“Ireland is speaking up and speaking out against the genocidal activity in Gaza,” Harris said during a press conference.
The Irish diplomat also told reporters he hopes the “real benefit” of the legislation will be to encourage other countries to follow suit, “because it is important that every country uses every lever at its disposal.”
Today Ireland becomes the first country in Europe to bring forward legislation to ban trade with the Occupied Palestinian Territories.
Ireland is speaking up and speaking out against the genocidal activity in Gaza.
Every country must pull every lever at its disposal. pic.twitter.com/Z4RTjqntEY— Simon Harris TD (@SimonHarrisTD) June 24, 2025
Joining a growing number of EU member states aiming to curb Israel’s defensive campaign against the Palestinian terrorist group Hamas, Ireland’s decision comes after a 2024 advisory opinion by the International Court of Justice (ICJ) declared Israel’s presence in the West Bank and East Jerusalem illegal.
The ICJ ruled that third countries must avoid trade or investment that supports “the illegal situation in the Occupied Palestinian Territory.”
Once implemented, the law will criminalize the importation of goods from Israeli settlements into Ireland, empowering customs officials to inspect, seize, and confiscate any such shipments.
“The situation in Palestine remains a matter of deep public concern,” Harris said. “I have made it consistently clear that this government will use all levers at its disposal to address the horrifying situation on the ground and to contribute to long-term efforts to achieve a sustainable peace on the basis of the two-state solution.”
“Israeli settlements in the Occupied Palestinian Territory are illegal and threaten the viability of the two-state solution,” the Irish diplomat continued. “This is the longstanding position of the European Union and our international partners. Furthermore, this is the clear position under international law.”
Harris also urged the EU to comply with the ICJ’s ruling by taking a more decisive and “adequate response” regarding imports from Israeli settlements.
“This is an issue that I will continue to press at EU level, and I reiterated my call for concrete proposals from the European Commission at the Foreign Affairs Council this week,” he said.
Last week, Ireland and eight other EU member states — Finland, Belgium, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden — called on the European Commission to draft proposals for how EU countries can halt trade and imports with Israeli settlements, in line with obligations set out by the ICJ.
Israeli Foreign Minister Gideon Saar condemned the latest move by European countries, calling it “shameful” and a misguided attempt to undermine Israel while it faces “existential” threats from Iran and its proxies, including Hamas.
“It is regrettable that even when Israel is fighting an existential threat which is in Europe’s vital interest — there are those who can’t resist their anti-Israeli obsession,” the top Israeli diplomat said in a post on X.
It is regrettable that even when Israel fighting an existential threat which is in Europe vital interest – there are those who can’t resist their anti-Israeli obsession.
Shameful! https://t.co/lxm9qm8sM1— Gideon Sa’ar | גדעון סער (@gidonsaar) June 19, 2025
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