The International Criminal Court's (ICC) announcement to consider issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other officials has sparked outrage, with accusations of political bias and a neglect of more serious cases involving rogue nations.
The International Criminal Court (ICC) has drawn criticism over its consideration to issue arrest warrants for Israeli and Hamas officials, with critics highlighting the court's selective approach to cases involving rogue nations and their leaders.
"While the ICC has been around for over two decades, it has less than 10 successful prosecutions," said Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies. "It's spent over $2 billion and has been ineffective, making it ironic that it's going after Israel."
Israel is not a member state of the ICC, and its charter prohibits the court from pursuing cases against countries that effectively police their own alleged violations. Critics argue that Israel fits these criteria and that the ICC has no jurisdiction in this case.
ICC prosecutor Karim Khan announced this week that he would file an application requesting arrest warrants for Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif.
Khan cited alleged crimes such as "starvation of civilians as a method of warfare" and "directing attacks against a civilian population." However, critics have blasted Khan for equating Israeli officials with Hamas by requesting warrants for both groups.
They point to glaring omissions in the ICC's investigations, such as the absence of cases against Syrian President Bashar al-Assad, North Korean leader Kim Jong-un, and Iranian regime officials.
"There's no way they should have filed against Israel," argued Kittrie. "The ICC prosecutor did it for political reasons. There's more pressure on him to file against Israel than far more worthy candidates."
China, Syria, and Iran are not signatories to the Rome Statute, which established the ICC. Venezuela, which is a signatory, has also been accused of crimes against humanity.
The ICC has previously avoided cases where the accused country is not a signatory to the statute, as was the case with North Korea in 2016. However, in Russia's invasion of Ukraine, the ICC issued an arrest warrant for President Vladimir Putin, despite neither Ukraine nor Russia being signatories.
Ukraine accepted the court's jurisdiction, providing the ICC with justification to investigate alleged Russian crimes. The Palestinian Territories, titled the State of Palestine by the ICC, are a signatory to the Rome Statute, which could give the court jurisdiction to investigate alleged crimes in the Gaza Strip.
Critics maintain that the ICC's arrest warrant push against Israel ultimately holds little weight, as similar warrants against Putin have not deterred his actions.
"It hasn't made a difference, it won't make a difference," said Kittrie. "The ICC needs assistance from other countries, which the U.S. could potentially cut off."
The ICC has faced criticism for its selectivity and lack of impact on the behavior of rogue nations. Its decision to pursue cases against Israel and Hamas has raised questions about the court's impartiality and effectiveness.
