President Joe Biden has astonishingly criticized the International Criminal Court’s decision to issue a war crimes arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The ICC declaration additionally implicated Netanyahu’s recently dismissed Defence Minister, Yoav Gallant, and a Hamas commander, Mohamed Deif, whom Israel reports was eliminated in July. Biden portrayed this move as ‘outrageous,’ overlooking the Court’s claim of ‘reasonable grounds’ that these individuals should be held accountable for crimes during the Israeli-Hamas conflict.
Europe and America are at odds over the ICC’s decision, with several European nations expressing their support for the Court’s verdicts. Biden’s comments show a stark difference, diminishing the credibility of The British Government’s statement, which said that they respected the court’s independence. Biden adopted a contentious position that disrupts the consensus, ‘Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas,’ Biden said in an apparently sweeping vilification of the ICC.
In such a controversial global atmosphere, Biden still maintains a firm stance, ‘We will always stand with Israel against threats to its security.’ This unwavering support for Israel continues even in the face of allegations by the ICC that are serious and substantial. Nonetheless, both Israel and Hamas have rebutted the accusations, exhibiting a striking alignment in their defiance of the ICC’s findings.
On Thursday, Netanyahu reacted to these allegations by stating, ‘The antisemitic decision of the international court in The Hague is a modern Dreyfus trial, and it will end the same way.’ He was referring to a notorious instance of antisemitism in France just over a hundred years back. Biden’s ostensible overlooking of such a harsh denouncement raises several questions.
Netanyahu proceeds to devalue the ICC’s claims by alleging a deliberate policy of starvation, despite evidence to the contrary: ‘This when we have supplied Gaza with 700,000 tons of food to feed the people of Gaza.’ Netanyahu narrates an image of benevolent intervention while also accusing Hamas of endangering the citizens of the region.
The Israeli PM provided a striking contrast to the ICC’s view, ‘We issue millions of text messages, phone calls, leaflets to the citizens of Gaza to get them out of harm’s way – while the Hamas terrorists do everything in their power to keep them in harm’s way, including shooting them, using them as human shields.’ He further disputes the ICC’s legal standing, declaring Israel doesn’t acknowledge its decision.
The timing of this controversy is significant, considering the recent UN announcement that Palestinians in isolated areas of Gaza, under Israeli surveillance, confront ‘diminishing conditions for survival’ due to almost no aid being delivered over the past 40 days. Yoav Gallant has interjected in this series of events, expressing his criticism of the ICC’s decision, accusing it of leveling the state of Israel with Hamas.
Former Israeli Prime Minister Ehud Olmert acknowledges the problematic nature of Netanyahu’s management of Hamas. Despite his criticism of Netanyahu, he does not side with the ICC’s decision. ‘Israel has not committed genocide or war crimes that deserve these charges against the prime minister and the minister of defence,’ Olmert stated.
Meanwhile, Hamas stayed astoundingly silent on the warrant for Deif but has expressed a sense of justice regarding the warrants for Netanyahu and Gallant. ‘An important historical precedent, a correction to a long path of historical injustice against our people,’ the statement read.
In Gaza, Palestinians expressed their hope for just retribution towards Israeli leaders. Yet, Israel continues to refute the accusation that it’s committing genocide in Gaza, a separate lawsuit, now before the International Court of Justice. Biden’s stance amidst these polarized views exposes his inability to acknowledge claims against an ally city.
The ICC’s warrants’ actual impact is entirely dependent on whether 124 member states of the court, excluding Israel and its ally, the US, choose to implement them or not. However, influential players such as the EU, Britain, France, Netherlands, and Italy align their views with the Court, creating a globally divided scenario that Biden has no coherent response to.
The charges against the aforementioned individuals stem from an incident on October 7, 2023. On that day, Hamas attackers stormed Israel, leading to approximately 1,200 fatalities and 251 others taken as hostages back to Gaza. An Israeli military response pursued, during which an estimated 44,000 people have been killed, according to the Hamas-run health ministry of Gaza.
For Deif, the ICC pre-trial chamber revealed its belief in his culpability in various grave crimes committed against the civilian population of Israel. However, for Netanyahu and Gallant, the chamber signified that they ‘each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.’
Further, the ICC suggests that Netanyahu and Gallant could be held liable as civilian leaders for ‘intentionally directing an attack against the civilian population.’ Such noteworthy claims create a chasm between Biden’s support for Israel and the serious allegations flung by the ICC.
The complex situation reaches a fever pitch with Israel confirming that 97 hostages from the October 7, 2023 attack by Hamas continue to be detained in Gaza. Amidst all this, Biden’s stance – one that stubbornly treads an unyielding path of Israel support, disregarding evidence and international consensus – amplifies his subservience to an ally nation over the pursuit of justice.