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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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Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says
A closed Israeli military gate stands near Ramallah in the West Bank, February 18, 2025. Photo: REUTERS/Ammar Awad
Israel will not allow a planned meeting in the Palestinian administrative capital of Ramallah, in the West Bank, to go ahead, an Israeli official said on Saturday, after Arab ministers planning to attend were stopped from coming.
The move, days after Prime Minister Benjamin Netanyahu’s right-wing government announced one of the largest expansions of settlements in the West Bank in years, underlined escalating tensions over the issue of international recognition of a future Palestinian state.
Saturday’s meeting comes ahead of an international conference, co-chaired by France and Saudi Arabia, that is due to be held in New York on June 17-20 to discuss the issue of Palestinian statehood, which Israel fiercely opposes.
The delegation of senior Arab officials due to visit Ramallah – including the Jordanian, Egyptian, Saudi Arabian and Bahraini foreign ministers – postponed the visit after “Israel’s obstruction of it,” Jordan’s foreign ministry said in a statement, adding that the block was “a clear breach of Israel’s obligations as an occupying force.”
The ministers required Israeli consent to travel to the West Bank from Jordan.
An Israeli official said the ministers intended to take part in “a provocative meeting” to discuss promoting the establishment of a Palestinian state.
“Such a state would undoubtedly become a terrorist state in the heart of the land of Israel,” the official said. “Israel will not cooperate with such moves aimed at harming it and its security.”
A Saudi source told Reuters that Saudi Arabia’s Foreign Minister Prince Faisal bin Farhan Al-Saud had delayed a planned trip to the West Bank.
Israel has come under increasing pressure from the United Nations and European countries which favour a two-state solution to the Israeli-Palestinian conflict, under which an independent Palestinian state would exist alongside Israel.
French President Emmanuel Macron said on Friday that recognizing a Palestinian state was not only a “moral duty but a political necessity.”
Palestinians want the West Bank territory, which was seized by Israel in the 1967 Middle East war, as the core of a future state along with Gaza and East Jerusalem.
But the area is now criss-crossed with settlements that have squeezed some 3 million Palestinians into pockets increasingly cut off from each other though a network of military checkpoints.
Defense Minister Israel Katz said the announcement this week of 22 new settlements in the West Bank was an “historic moment” for settlements and “a clear message to Macron.” He said recognition of a Palestinian state would be “thrown into the dustbin of history.”
The post Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says first appeared on Algemeiner.com.
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Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited
Palestinians carry aid supplies which they received from the U.S.-backed Gaza Humanitarian Foundation, in the central Gaza Strip, May 29, 2025. REUTERS/Ramadan Abed
Armed men hijacked dozens of aid trucks entering the Gaza Strip overnight and hundreds of desperate Palestinians joined in to take supplies, local aid groups said on Saturday as officials waited for Hamas to respond to the latest ceasefire proposals.
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
US President Donald Trump said on Friday he believed a ceasefire agreement was close but Hamas has said it is still studying the latest proposals from his special Middle East envoy Steve Witkoff. The White House said on Thursday that Israel had agreed to the proposals.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
On Saturday, the Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the increasingly desperate humanitarian situation the blockade has created.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war began 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
At the same time, a separate system, run by a US-backed group called the Gaza Humanitarian Foundation has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on the social media platform X.
NO BREAD IN WEEKS
The World Food Program said it brought 77 trucks carrying flour into Gaza overnight and early on Saturday and all of them were stopped on the way, with food taken by hungry people.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” it said in a statement.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Overnight on Saturday, he said trucks had been stopped by armed groups near Khan Younis as they were headed towards a World Food Programme warehouse in Deir Al-Balah in central Gaza and hundreds of desperate people had carried off supplies.
“We could understand that some are driven by hunger and starvation, some may not have eaten bread in several weeks, but we can’t understand armed looting, and it is not acceptable at all,” he said.
Israel says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
The post Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited first appeared on Algemeiner.com.
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Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’
US President Donald Trump’s Middle East envoy-designate Steve Witkoff gives a speech at the inaugural parade inside Capital One Arena on the inauguration day of Trump’s second presidential term, in Washington, DC, Jan. 20, 2025. Photo: REUTERS/Carlos Barria
Hamas said on Saturday it was seeking amendments to a US-backed proposal for a temporary ceasefire with Israel in Gaza, but President Donald Trump’s envoy rejected the group’s response as “totally unacceptable.”
The Palestinian terrorist group said it was willing to release 10 living hostages and hand over the bodies of 18 dead in exchange for Palestinian prisoners in Israeli prisons. But Hamas reiterated demands for an end to the war and withdrawal of Israeli troops from Gaza, conditions Israel has rejected.
A Hamas official described the group’s response to the proposals from Trump’s special Middle East envoy Steve Witkoff as “positive” but said it was seeking some amendments. The official did not elaborate on the changes being sought by the group.
“This response aims to achieve a permanent ceasefire, a complete withdrawal from the Gaza Strip, and to ensure the flow of humanitarian aid to our people in the Strip,” Hamas said in a statement.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
A Palestinian official familiar with the talks told Reuters that among amendments Hamas is seeking is the release of the hostages in three phases over the 60-day truce and more aid distribution in different areas. Hamas also wants guarantees the deal will lead to a permanent ceasefire, the official said.
There was no immediate response from Israeli Prime Minister Benjamin Netanyahu’s office to the Hamas statement.
Israel has previously rejected Hamas’ conditions, instead demanding the complete disarmament of the group and its dismantling as a military and governing force, along with the return of all 58 remaining hostages.
Trump said on Friday he believed a ceasefire agreement was close after the latest proposals, and the White House said on Thursday that Israel had agreed to the terms.
Saying he had received Hamas’ response, Witkoff wrote in a posting on X: “It is totally unacceptable and only takes us backward. Hamas should accept the framework proposal we put forward as the basis for proximity talks, which we can begin immediately this coming week.”
On Saturday, the Israeli military said it had killed Mohammad Sinwar, Hamas’ Gaza chief on May 13, confirming what Netanyahu said earlier this week.
Sinwar, the younger brother of Yahya Sinwar, the group’s deceased leader and mastermind of the October 2023 attack on Israel, was the target of an Israeli strike on a hospital in southern Gaza. Hamas has neither confirmed nor denied his death.
The Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said on Saturday it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the desperate humanitarian situation the blockade has created.
On Saturday, aid groups said dozens of World Food Program trucks carrying flour to Gaza bakeries had been hijacked by armed groups and subsequently looted by people desperate for food after weeks of mounting hunger.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” the WFP said in a statement.
‘A MOCKERY’
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on X.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
A separate system, run by a US-backed group called the Gaza Humanitarian Foundation, has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Israel denies operating a policy of starvation and says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
Hamas denies looting supplies and has executed a number of suspected looters.
The post Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’ first appeared on Algemeiner.com.
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