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What You Need to Know About the ICC Arrest Warrants for Israeli Leaders

The International Criminal Court, The Hague, Netherlands. Photo: Wikimedia Commons.

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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Lebanon Claims It Is Replacing Hezbollah in the South

Lebanese Prime Minister-designate Nawaf Salam speaks at the presidential palace on the day he meets with Lebanese President Joseph Aoun, in Baabda, Lebanon, Jan. 14, 2025. Photo: REUTERS/Mohamed Azakir

JNS.orgLebanon’s leadership declared in recent days that the Lebanese Army has begun replacing Hezbollah forces in the country’s southern region.

In an April 15 interview with The New Arab, Lebanese President Joseph Aoun announced that 2025 would be the year of the Lebanese state’s monopoly on arms.

Aoun pledged that only the state would have weapons, referring to the Lebanese Armed Forces (LAF), and stressed this goal would be achieved through direct dialogue with Hezbollah, while explicitly ruling out steps that could ignite conflict with Hezbollah.

“I told the Americans that we want to remove Hezbollah’s weapons, but we will not ignite a civil war in Lebanon,” Aoun said, referencing a meeting with US Deputy Envoy Morgan Ortagus.

Aoun added that Hezbollah members could potentially integrate individually into the LAF but rejected replicating the Iraqi model where Shi’ite, Iranian-backed paramilitary groups formed independent units within the military. He asserted the LAF was conducting missions throughout the country “without any obstruction from Hezbollah.”

Hezbollah member Mahmoud Qamat, however, responded by stating, “No one in the world will succeed in laying a hand on this weapon,” according to Lebanese media.

Hezbollah Member of Parliament Ali Fayyad stated the group was open to internal dialogue but warned against pressure on the LAF to disarm Hezbollah.

Col. (res.) Dr. Hanan Shai, a research associate at the Misgav Institute for National Security and Zionist Strategy and a former investigator for the IDF’s commission on the 2006 Second Lebanon War, told JNS on Wednesday that statements by Lebanese officials and the activities of the Lebanese army are “unequivocally an achievement for Israel.”

But Shai warned that due “the weakness of the Lebanese army, the IDF cannot rely on it and must back it up with its own parallel defense—mainly through detailed intelligence monitoring and targeted thwarting of any violation not only in Southern Lebanon but also [deep] within it, including at sea and air ports.”

The fragility of the situation was highlighted when a LAF soldier was killed, and three others were wounded while attempting to neutralize suspected Hezbollah ordnance in the Tyre district of Southern Lebanon on April 14.

Hezbollah’s real intentions were also apparent when its supporters reportedly burned billboards celebrating Lebanon’s “new era.”

Most tellingly, the Israel Defense Forces is continuing to detect intelligence of illegal Hezbollah activity in Southern Lebanon, and acting on that intelligence. Overnight between April 15 and 16, the IDF conducted strikes against Hezbollah infrastructure in Southern Lebanon.

In one strike near Aitaroun in Southern Lebanon, an IDF aircraft killed Ali Najib Bazzi, identified by the IDF as a squad commander in Hezbollah’s Special Operations unit. Other recent IDF actions included strikes and artillery fire targeting a Hezbollah engineering vehicle near Ayta ash-Shab in Southern Lebanon.

Meanwhile, reports emerged suggesting Hezbollah was actively adapting its methods for acquiring weapons. Reports indicated a shift towards sea-based smuggling routes utilizing Beirut Port.

The Saudi Al-Hadath news site reported on April 8 that Iran’s Quds Force created an arms smuggling sea route that bypasses Syria.

Amidst these reports, Aoun visited Beirut Port on April 11, calling for strict government cargo monitoring.

Karmon expresses skepticism

Senior research scholar Ely Karmon of the International Institute for Counter-Terrorism at Reichman University in Herzliya stated, “There’s no doubt there’s a change in Lebanon, first of all on the political level— the fact that President Joseph Aoun was elected—supported by the West, the United States, Saudi Arabia.”

In addition, he said, “Hezbollah’s political weight in parliament and in Lebanon in general has dropped significantly after the blow they received from the IDF.”

On the other hand, Karmon expressed deep skepticism about Aoun’s stated path to disarming Hezbollah. Aoun’s statement that he “isn’t interested in coming to military confrontation with Hezbollah,” and that it needs to be a “slow process,” as well as his call for Hezbollah to enter Lebanese army units, should not be taken at face value, according to Karmon.

“I don’t really believe it. First of all, because traditionally, in the Lebanese Army, most of the soldiers were Shi’ites, for a simple demographic reason. And therefore, the integration of thousands of Hezbollah fighters or personnel into the army—certainly at this stage in my opinion—it’s a danger that they’ll take control of the army from within, after they’ve already for years cooperated with the army.”

He added, “We know, for example, that they received weapons from the Lebanese Army—tanks and APCs—when they operated in Syria in 2013, 2010, and they even presented them publicly in Qusayr [in Syria]. On the other hand, we also heard one article from a Hezbollah representative who’s on their political committee, stating, ‘Absolutely not, we will not give up the weapons!’ It is clear there’ll be opposition.”

Karmon said he was skeptical about Lebanese government claims about taking over around 95 out of some 250 Hezbollah positions in Southern Lebanon. Karmon assessed that Hezbollah and its Iranian sponsors would be cautious but that they would continue to try “as usual, to act and to bring in weapons, to prepare some infrastructure in case, for example, there is a crisis in the negotiations on the Iranian nuclear issue.”

The post Lebanon Claims It Is Replacing Hezbollah in the South first appeared on Algemeiner.com.

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‘Tradition, Tradition!’

An image from “Family at the Seder,” from the 1935 Haggadah by artist Arthur Szyk (b. 1894, Lodz, Poland—d. 1951, New Canaan, CT). Photo: Courtesy of Irvin Ungar

JNS.orgHow important is tradition in Judaism? Obviously, the answer is that it is very important. I mean, they even dedicated a major song by that title in “Fiddler on the Roof!”

How strong is the need for tradition in the spiritual consciousness of Jews today? Despite the effects of secularism, I’d venture to suggest that there is still a need inside us to feel connected to our roots, our heritage and our sense of belonging to the Jewish people. Perhaps more than any time of the year, Passover is the season when millions of Jews embrace their traditions with love, warmth and lots of nostalgia.

But for vast numbers of our people, tradition alone has not been enough. And that applies not only to the rebellious among us who may have cast aside their traditions with impunity, but also to many ordinary, thinking people who decided that to do something just because “that’s the way it has always been done” was simply not good enough.

So what if my grandfather did it? My grandfather rode around in a horse and buggy! Must I give up my car for a horse just because my Zaidy rode a horse? And if my Bubbie never got a university degree, why shouldn’t I? Just because my grandparents practiced certain Jewish traditions, why must I? Perhaps those traditions are as obsolete as the horse and buggy?

There are masses of Jews who think this way and who will not be convinced to behave Jewishly just because their grandparents did.

We need to tell them why their grandparents did it. They need to understand that their grandparents’ traditions were not done just for tradition’s sake, but there was a very good reason why their forbears practiced those traditions. And those very same reasons and rationales still hold good today. There is, in fact, no such thing as “empty ritual” in Judaism. Everything has a reason, and a good one, too.

Too many young people were put off by tradition because some cheder or Talmud Torah teacher didn’t take their questions seriously. They were silenced with a wave of the hand, a pinch of the ear, the classic “when you get older, you’ll understand,” or the infamously classic, “just do as you’re told.”

There are answers. There have always been answers. We may not have logical explanations for tsunamis and other tzuris, but all our traditions are founded on substance and have intelligible, credible underpinnings. If we seek answers, we will find them in abundance, including layers and layers of meaning, from the simple to the symbolic to the philosophical and even mystical.

The seventh day of Passover recalls the “Song of the Sea” sung by Moses and the Jewish people following the splitting of the sea and their miraculous deliverance from the Egyptian armies. Early on, we find the verse, “This is my God and I will glorify Him, the God of my fathers, and I will exalt Him.”

The sequence is significant. First comes “my God,” and only thereafter “the God of my fathers.” In the Amidah prayer, the silent devotion, which is the apex of our daily prayers, we begin addressing the “Almighty, as our God and the God of our fathers … Abraham, Isaac and Jacob.” Again, “our God” comes first. So while the God of our fathers, i.e., tradition, most definitely plays a very important role in Judaism, an indispensable prerequisite is that we must make God ours, personally. Every Jew must develop a personal relationship with God. We need to understand the reasons and the significance of our traditions lest they be mistaken for empty ritual to be discarded by the next generation.

Authentic Judaism has never shied away from questions. Questions have always been encouraged and formed a part of our academic heritage. Every page of the Talmud is filled with questions and answers. You don’t have to wait for the Passover seder to ask a question.

When we think, ask and find answers to our faith, the traditions of our grandparents become alive, and we understand fully why we should make them ours. Once a tradition has become ours and we realize that this very same practice has been observed uninterruptedly by our ancestors throughout the generations, then tradition becomes a powerful force that can inspire us forever.

The seders we celebrated at the beginning of Passover are among the most powerful in our faith. They go back to our ancestors in Egypt, where the very first seder was observed. How truly awesome is it that we are still practicing these same traditions more than 3,300 years later!

Our traditions are not empty. They are rich and meaningful and will, please God, be held on to preciously for generations to come.

With acknowledgments to Chabad.org.

The post ‘Tradition, Tradition!’ first appeared on Algemeiner.com.

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Thousands of Protesters Rally Against Trump Across US

“Protect Migrants, Protect the Planet” rally in New York City, U.S., April 19, 2025. Photo: REUTERS/Caitlin Ochs

Thousands of protesters rallied in Washington and other cities across the US on Saturday to voice their opposition to President Donald Trump’s policies on deportations, government firings, and the wars in Gaza and Ukraine.

Outside the White House, protesters carried banners that read “Workers should have the power,” “No kingship,” “Stop arming Israel” and “Due process,” media footage showed.

Some demonstrators chanted in support of migrants whom the Trump administration has deported or has been attempting to deport while expressing solidarity with people fired by the federal government and with universities whose funding is threatened by Trump.

“As Trump and his administration mobilize the use of the US deportation machine, we are going to organize networks and systems of resistance to defend our neighbors,” a protester said in a rally at Lafayette Square near the White House.

Other protesters waved Palestinian flags while wearing keffiyeh scarves, chanting “free Palestine” and expressing solidarity with Palestinians killed in Israel’s war in Gaza.

Some demonstrators carried symbols expressing support for Ukraine and urging Washington to be more decisive in opposing Russian President Vladimir Putin’s war in Ukraine.

Since his January inauguration, Trump and his billionaire ally, Elon Musk, have gutted the federal government, firing over 200,000 workers and attempting to dismantle various agencies.

The administration has also detained scores of foreign students and threatened to stop federal funding to universities over diversity, equity and inclusion programs, climate initiatives and pro-Palestinian protests. Rights groups have condemned the policies.

Near the Washington Monument, banners from protesters read: “hate never made any nation great” and “equal rights for all does not mean less rights for you.”

Demonstrations were also held in New York City and Chicago, among dozens of other locations. It marked the second day of nationwide demonstrations since Trump took office.

The post Thousands of Protesters Rally Against Trump Across US first appeared on Algemeiner.com.

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