Stop Calling the ICC Antisemitic: Four Better Ways to Respond Instead

A three-judge panel at the International Criminal Court recently approved arrest warrants against Netanyahu and Gallant for alleged war crimes in Gaza. In response, Netanyahu declared the warrant was issued by, “biased judges who are motivated by antisemitic hatred of Israel.” Transportation Minister Miri Regev added, “This is modern antisemitism in the guise of justice.”

But calling the judges antisemites is not a good plan. The reality is that the vast destruction and suffering in Gaza raises legitimate questions. With all the worldwide outcry, the ICC prosecutor would be remiss if he didn’t investigate. While the text of the current decision wasn’t made public, there is no reason to believe that the judges didn’t give serious consideration to the weighty legal and factual issues at hand. How do we justify, with no evidence whatsoever, questioning the judges’ integrity? Knee jerk accusations of antisemitism only serve to cheapen the term.

If we want to defend Israel, here are four important points to raise instead:

Indictments, Not Convictions

We have to remember that these are just arrest warrants, issued on ‘reasonable grounds’ to believe Netanyahu and Gallant may be guilty, not a conviction (Rome Statute Section 58(1)(a)). The judges only heard evidence against the defendants, presented by the prosecutor, while Netanyahu and Gallant never had a chance to tell their side of the story. Should there be a trial, they would. Particularly with regard to the accusation of using starvation as a weapon of war, where there is ample evidence that Israel tried to allow adequate supplies to enter Gaza but was thwarted by lawlessness and theft by Hamas, there is a real possibility they would be found not guilty. The pre-trial presumption of innocence still applies.

Never a War Without War Crimes- Churchill and Roosevelt Too

There has never been a war without war crimes, and there’s no reason to expect or believe this would be the first. As Communications Minister Shlomo Karhi correctly noted, if the ICC had existed during World War II it would likely have issued arrest warrants against Churchill and Roosevelt in addition to Hitler. The leaders of any other country that had been brutally attacked, had its citizens taken hostage, and thereby been dragged into a war would undoubtedly have wound up in this same situation.

Hamas Indicted Also

The original request for warrants included three Hamas leaders. While two are confirmed dead, the court went ahead and issued a warrant for Deif in case he is alive. These indictments hardly create any moral high ground or special stain against Israel, since they have been made against both sides. Israel’s enemies make a very strange case, claiming that the unspeakable atrocities the court has accused Deif and Hamas of should be somehow overlooked while outrage should be directed solely at Israel.

For example, a Hamas spokesman was quoted by the NY Times saying, “The truth that has been revealed is that international justice is with us and against the Zionist entity.” Actually, the ICC indicted Hamas leader Deif for carrying out, “crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages; outrages upon personal dignity; and rape and other forms of sexual violence.” Let’s remember that’s what started the war, and this is what Israel is expected to respond to with no violations of humanitarian law or human rights whatsoever.

Hypocrisy of World Leaders

Many world leaders have already issued solemn statements about the grave significance of these indictments and how the ICC should be respected. But remember, just last month many of them were in Kazan hob knobbing with Russian President Vladamir Putin. That is in spite of the fact that Putin is wanted by the ICC for war crimes in Ukraine. These include the leaders of China, India, Turkey, and South Africa, along with the Secretary General of the U.N.

This is the same South Africa, for example, that just reacted to the ICC indictments against Israel’s leaders by saying, “It welcomed the ICC decision” and “South Africa reaffirms its commitment to international law and urges all state parties to act in accordance with their obligations in the Rome Statute.” The same countries that will try to use this indictment to validate their allegations against Israel are also happy to disregard and delegitimize the ICC when its rulings go against their interests.

Delegitimization of Israel- That’s Antisemitism

These ICC indictments are hardly a badge of honor, and they raise serious questions about the war that deserve inquiry and answers. But it’s wrong to say that this shows Israel’s conduct in Gaza is somehow uniquely condemnable or worse than other countries. While inappropriate with regard to the ICC judges, should these indictments be used in attempts to uniquely stigmatize Israel or claim that Israel shouldn’t exist as a state, accusations of antisemitism may then be called for.