ICC’s Prosecution and Israel's Genocide in Gaza
- Hikmah - Center for International Law and Human Rights
- Jan 3
- 20 min read
3 January 2025
“Well, this is an active investigation, and we have criminal charges that we can use, genocide, war crimes, and crimes against humanity. In relation to this current stage of investigations, the charges that we have put forward to the judges do not include genocide. But we are continuing to investigate.”
ICC Prosecutor Karim Khan QC interview with Christine Amanpour, CNN, 20 May 2024.
“We’re having to do this in stages simply because of the resources that we have.”
ICC Palestine Situation lead Prosecutor Andrew Cayley, The Guardian, 11 December 2024.[1]
“The Danger for the Court is existential.”
Le Monde and AFP, “ICC president hits back at ‘attacks’ and ‘threats’”, Le Monde, 2 December 2024.
“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous.”
Statement by President Joe Biden on ICC Prosecution’s Application for Arrest Warrants against Two Israeli Officials, 20 May 2024.
“A person with knowledge of the fundraiser says that tickets for the event will start at $500,000 per person...”
Alex Weprin, “Haim Saban to Enter 2020 Fray with Biden Fundraiser”, Hollywood Reporter, 10 September 2020.
“While I can’t share details from our one-on-one conversation, I can share that President Biden cares deeply about Israel, it’s in his kishkes [guts].”
“Pro-Israel mega donor Haim Saban hosts fundraiser for Biden, doesn’t attend after testing positive for COVID”, Times of Israel, 21 February 2024.[2]
ICC Pre-Trial Chamber I Decision on Application for Arrest Warrants and Prosecutor Khan’s Failures
International Criminal Court’s (ICC) Pre-Trial Chamber I considered the Prosecution’s applications for arrest warrants of 20 May 2024 against two Israeli officials[3] and three Palestinian persons. It comprises three judges: Judge Nicolas Guilou of France, Judge Reine Alapini–Gansou of Benin, and Judge Beti Hohler of Slovenia. The judges contemplated what the Prosecutor had put forward before them as evidence underlying his applications for arrest warrants. On 21 November 2024 Pre–Trial Chamber I[4] issued arrest warrants as requested by the Prosecutor, but found that there was no reasonable ground to believe that the two Israeli officials were responsible for committing the crime of extermination. In relation to the Palestinian side, it found that there were reasonable grounds to believe that they perpetrated the crimes of extermination and rape.
The Prosecutor’s application for arrest warrants and Pre–Trial Chamber I decision regarding it remain undisclosed therefore precluding any possibility to examine the nature of the underlying evidence and the reasoning of the Court.
ICC Prosecutor Khan was heavily involved in overseeing the investigation and filing the applications for arrest warrants which covered the first few months of Israel’s onslaught on Gaza when the media frenzy against Palestinians in Gaza and generally, particularly in the United States and Britain, was at its peak. In March 2024 British barrister Andrew Cayley was appointed to lead the prosecutions. Among his prior credentials serving the British military and being appointed by Attorney General Suella Braverman as Her Majesty’s Chief Inspector of the Crown Prosecution Service.
ICC Prosecutor Khan also formed an advisory committee with a significant British component tasked with confirming his investigative measures and prosecutorial decisions. It is not possible to say that this committee is able to examine Khan’s decisions because it has no alternative mechanism for gathering evidence. Its operation and recording of its deliberations and conclusions are not regulated by ICC’s basic documents. However, this advisory committee does include two members with deep emotions and devotion towards the State of Israel: Israeli–American international law prof. Theodor Meron and British attorney Danny Friedman KC. Amal Clooney’s membership in this committee is puzzling given her Third World inferiority complex projected in her Greta Garbo style of aspiration and vulgar dedication to red carpet appearances with her illuminating husband.
Excluding from this committee any international law expert with minimal understanding of the Palestine condition is an unjustified deviation from common sense and ordinary decency. Genuine concern arises that the ICC’s performance regarding Palestine is heading towards the calamitous work of the Special Tribunal for Lebanon, where American and Israeli guilt was substituted with alternative attributions. There, the British investigative venture culminated only in diving to gather evidence from the sea in the form of exploded car remains while the British prosecutor was ineffectual in discovering the truth. Alarming traditional British careerism, cynicism, and opportunism distinguish Khan’s diplomatic acrobatics regarding Palestine.
Indeed, the psychological and analytical geopolitics of ICC Prosecutor Khan are not premised on the rule of law but rather are confined to the British government’s opposition to the ICC exercising its jurisdiction over the 1968 occupied Palestinian territories,[5] and the influential wishes of Israel’s supporters in the United States and Britain. This is a guaranteed recipe for a limited and unfair procedure that the future will demonstrate its ineffectiveness in upholding the obligation to deliver justice for victims. Khan also declined to pursue an investigation opened by his predecessor long before the current procedure. His dismissive attitude to grave crimes committed against Palestinians by Israel since he assumed his role crystalizes his maneuvers and aggravates his deficiency.
In all likelihood, the Prosecution’s approach in its investigation and application for arrest warrants is grounded in a very narrow and incomplete application of international humanitarian law and the individual criminal responsibility emanating from its violation. With the proceedings before the International Court of Justice under the Genocide Convention in mind, ICC Prosecutor Khan and his complex structure of decision-making pursued a different path. Israel is engaged in a self-defense war and has only exceeded what the applicable law requires. The list of charges leveled against the two Israeli officials shows that the imputed harm is a result of violating legitimate rules of warfare. It seems that no reliable evidence had been advanced regarding the nature of intent expressed by senior Israeli governmental officials starting with the Israeli President Isaac Herzog, the Prime Minister, the Minister of Defense, other Ministers, the military leaders, and influential societal figures. The logic of the ICC Prosecution is that Israel’s conduct is a mere systematic stray from the binding norms.
The facts are that Israel’s perniciousness and the voluminous intent voiced regarding it render the war against Gaza unjustified and illegal in its totality beginning from 7 October 2023. Israel committed genocide, crimes against humanity, and war crimes relentlessly and continuously. ICC Prosecution did not delineate Israel’s illegality in the period covered, that is the first few months of its pathological lawlessness. The allegation is that ICC’s investigation is continuing. Another contention is that the resources are limited. The appropriate proposition should be a doubt that Khan’s internal structure of operation and confirmation will be diligent and comprehensive in attributing the required guilt to the Israeli side.
Khan and his team’s approach is unsustainable also when examining the errors committed while accusing the Palestinian side. Here, too, we do not have before us the actual application for arrest warrants and the reasoning of ICC’s Pre–Trial Chamber I. Israel does not recognize the ICC’s jurisdiction nor does it cooperate with it. It is not clear what sources of evidence regarding rape Khan actually submitted, but there have been ample credible accounts in the public domain that have refuted these claims. In this context, it is relevant to indicate that ICC Prosecutor Khan himself had been facing internal allegations of sexual misconduct that some have linked to the ‘ongoing investigation’ regarding Israel’s atrocities.[6]
It could be a problem of means or lack of motivation that caused ICC Prosecution to overlook the fact that at least most Israeli civilians who were killed on 7 October 2023 died as a result of Israeli gunfire and that Israeli military censorship and government prevented to this day revealing this fact. Nevertheless, Khan accused the Palestinian side with extermination, and Pre–Trial Chamber I found that his presumption was not unreasonable.[7] Although the scale of death among Palestinians was staggering also in the period observed by Khan, Trial Chamber I determined that the charge of extermination against Israeli officials is not sufficiently validated.
Given the undisclosed nature of the proceedings before the ICC, we are in the dark with respect to the articulation of the status of the 1967 occupied Palestinian territories (East Jerusalem, the West Bank, and Gaza) that could affect the legitimacy of parts of the armed resistance of 7 October 2023. We also hope that the Prosecution’s arguments and the expected reiteration by the Court do not undermine the established jurisprudence of the International Court of Justice on this critical issue.
Khan charged Palestinian leader Ismail Haniyeh together with two other Palestinian figures. All have been killed since, one with no actual verification. Haniyeh is a civilian political leader who was residing in Qatar on 7 October 2023. He neither took a direct part in hostilities in the past nor did he do so during Israel’s onslaught against Gaza. Accusing him based on group association is illegal and ignominious. Failing to charge the entire Israeli command structure is a grave omission that further demonstrates Khan’s ineptitude.
Haniyeh was killed while visiting Tehran, Iran on 31 July 2024, 10 days after Bident dropped out of the American presidential race. There is reasonable ground to believe that President Biden ordered his assassination which is a clear violation of American law and international norms.[8] Most probably the American Central Intelligence Agency and the National Security Agency contributed to this operation which provides additional revelation to the unanimity between the United States and Israel. [9] American capacity to execute such an operation in Iran is exhibited by another illegal assassination ordered by Biden’s predecessor President Trump targeting a senior Iranian scientist in Iran. Israeli journalist Ronen Bergman celebratory reported this international crime in the New York Times. He is widely considered a de facto spokesperson for the Israeli Mossad that closely cooperates with the CIA.
Israel’s genocide and other serious crimes under the ICC statute are Biden’s and his administration’s as well. The complicity of Biden, Blinken, Sullivan,[10] Austin, CENTCOM’s Kurilla,[11] the CIA, and the NSA is glaring anchored in absolute ideological identification with Israel and its war on Gaza, persistent and exceptional military support despite awareness of Israel’s crimes,[12] providing diplomatic shielding at the U.N. Security Council, opposing the application of international law at international venues, and strict compliance with the demands of lobbyists on behalf of Israel. The British government has also materially contributed to Israel’s crimes, particularly by its unabated shipment of weapons to Israel[13] notwithstanding its behavior and furnishing diplomatic protection in line with the American approach. Germany was second only to the United States in arms supplies to Israel.
A spectacular challenge for the ICC would be to hold senior officials from the United States, Britain, and Germany to account for wilfully sharing Israel’s intended savagery. The jurisdiction is available. The facts are detectable and solid. The law is clear. The resources required are not enormous. But, is there a will?
Genocide
Selecting not to charge Israeli officials with the crime of genocide is a result of unjustified and incompetent political caution. Israel has committed genocide in Gaza and senior Israeli perpetrators as well as the political climate in Israel passionately voiced the required intent. Genocide commenced on 7 October 2023. Gullible analysis would deny that Israel has been committing genocide since 7 October 2023 or that its genocide and the required intent were sparked after world public opinion started to notice the nature of its illegality, particularly following South Africa’s case against Israel before the International Court of Justice under the Genocide Convention. Israel’s genocide has been continuous since 7 October 2023 and has not ceased yet. The fact that Pre–Trial Chamber I has already denied the lesser charge of extermination against the two Israeli officials speaks volumes about the Prosecution’s scope of evidence, tactics, and strategy.
Article 6 of the ICC Statute defines genocide as follows:
For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
Israel’s criminality in Gaza meets the elements of article 6. Immediate staggering human death toll and injuries with exceptional pace. Lasting effects on life and health for many others in Gaza. Extensive destruction of civilian buildings, hospitals, livelihood resources, universities, schools, and religious sites. Israel’s systematic attack is far more than a crime against humanity. Examining each Israeli gun firing from the prism of proportionality and precaution measures will undoubtedly lead to the conclusion of Israeli illegality, but it will not accurately designate the actual conduct nor attribute the necessary blameworthiness attached to it. Such partial consideration amounts to succumbing to pressures levelled against the ICC and disregarding the pain and suffering of Israel’s genocide casualties.
Pressures on the ICC
Israeli foreign intelligence agency the Mossad engaged in a blatant obstruction of justice against former ICC Prosecutor Ms. Fatou Bensouda that included threats and intimidation because of work relating to Israel’s international law violations against Palestinians. Israeli Prime Minister Netanyahu and the head of Mossad Yossi Cohen approved Israel’s untenable illegality.[14] No actual action was taken by ICC Prosecutor Khan despite his knowledge of Israel’s aggressive interference in the work of the ICC. The Guardian reported:
According to accounts shared with ICC officials, he is alleged to have told her: “You should help us and let us take care of you. You don’t want to be getting into things that could compromise your security or that of your family.”
One individual briefed on Cohen’s activities said he had used “despicable tactics” against Bensouda.
...
A spokesperson for the ICC would not say whether Khan had reviewed his predecessor’s disclosures about her contacts with Cohen, but said Khan had never met or spoken to the head of the Mossad. [15]
Ms. Bensouda acknowledged being subjected to serious threats when working on ‘politically sensitive’ cases at the ICC:
The former chief prosecutor of the international criminal court (ICC) Fatou Bensouda has said she was subjected to “thug-style tactics”, threats and intimidation while in office.
Bensouda, who held the post between 2012 and 2021, said that when she was working on some the court’s most politically sensitive cases she experienced “direct threats to my person and family”.[16]
The United States is not a state party to the ICC, but it does provide official resources based on its own desire that match its geopolitical interests. The world’s superpower under Trump sanctioned former ICC prosecutor Ms. Bensouda in coordination with Israel.[17]Blinken’s State Department lifted these sanctions but underscored its vehement opposition to ICC’s jurisdiction over the 1967 occupied Palestinian Territories. U.S. Secretary of State issued a press release:
Today, the Prosecutor of the International Criminal Court (ICC), whose term ends in June, confirmed the opening of an investigation into the Palestinian situation. The United States firmly opposes and is deeply disappointed by this decision. The ICC has no jurisdiction over this matter. Israel is not a party to the ICC and has not consented to the Court’s jurisdiction, and we have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel. The Palestinians do not qualify as a sovereign state and therefore, are not qualified to obtain membership as a state in, participate as a state in, or delegate jurisdiction to the ICC.
...
Moreover, the United States believes a peaceful, secure and more prosperous future for the people of the Middle East depends on building bridges and creating new avenues for dialogue and exchange, not unilateral judicial actions that exacerbate tensions and undercut efforts to advance a negotiated two-state solution.
We will continue to uphold our strong commitment to Israel and its security, including by opposing actions that seek to target Israel unfairly.[18]
Biden unleashed tempered condemnation of Khan’s application for arrest warrants against Netanyahu and Gallant.[19] The US State Department’s defense of Israel was no less severe:
The United States fundamentally rejects the announcement today from the Prosecutor of the International Criminal Court (ICC) that he is applying for arrest warrants for senior Israeli officials, together with warrants for Hamas terrorists.
We reject the Prosecutor’s equivalence of Israel with Hamas. It is shameful. Hamas is a brutal terrorist organization that carried out the worst massacre of Jews since the Holocaust and is still holding dozens of innocent people hostage, including Americans.
Moreover, the United States has been clear since well before the current conflict that the ICC has no jurisdiction over this matter. The ICC was established by its state parties as a court of limited jurisdiction. Those limits are rooted in principles of complementarity, which do not appear to have been applied here amid the Prosecutor’s rush to seek these arrest warrants rather than allowing the Israeli legal system a full and timely opportunity to proceed. In other situations, the Prosecutor deferred to national investigations and worked with states to allow them time to investigate. The Prosecutor did not afford the same opportunity to Israel, which has ongoing investigations into allegations against its personnel.[20]
The US House of Representatives passed legislation to sanction the ICC over the application for arrest warrants against two Israeli officials.[21]The United States most probably exerted its diplomatic influence with G7 diplomats who sought to influence ICC procedure seeking to delay the Prosecutor’s plan to apply for arrest warrants against Israeli officials.[22]
In addition to the United States, other countries have publicized their contestation to ICC’s jurisdiction with regard to Israel’s international crimes against Palestinians. The British government’s shifts have been a gloomy parody of the British TV series Yes Minister and its sequel. Initially, British Prime Minister Boris Johnson adamantly opposed the application of ICC’s powers over Israel.[23] In November 2023 Minister Andrew Mitchell stated “It is not for ministers to seek to state where the ICC has jurisdiction; that is for the chief prosecutor. The chief prosecutor has not been silent on this matter, and I am sure he will continue to express his views... It is not for me to fetter or speak in the place of its chief prosecutor”.[24]Then in June 2024, the British government filed a brief before the ICC challenging its jurisdiction about Israel’s crimes,[25]only to be reversed a month later because of a change in government.[26]
Germany has been consistent in its rejection of ICC jurisdiction over Israel’s action in the 1967 occupied Palestinian territories,[27]reiterating its stance also regarding ICC’s Pre-Trial Chamber I ruling that the Court’s jurisdiction indeed extends to those territories.[28]Germany did not limit its legal and diplomatic positions to the public sphere filing a legal brief before the ICC disputing the Prosecution’s application for arrest warrants against Israeli officials.[29]Germany’s clear role in disrupting the ICC’s work as America’s G7 ally can be traced to Prosecutor Khan’s apologetic interview with the German outlet Der Spiegel titled “Should I wait Until Everybody’s Dead?” published on 5 November 2024.[30]
Anglo–American Jewry and Israel’s Genocide in Gaza
Israel’s constitutional and actual relations to world Jewry is one of its fundamental characteristics as an apartheid and colonial state with no legitimate right to sovereignty in Palestine from the river to the sea. Its genocide in Gaza was committed with the complicity of an American administration filled with American Jewish liberal members[31] who share instinctive ideological and emotional sympathies towards Israel.[32] The British political environment is conscience stricken with antisemitism sensitivities although Britain is the source of Israel’s colonial nature having introduced the 1917 Balfour Declaration into the 1922 League of Nations Mandate over Palestine.
In the past, parts of the Anglo-American left understood the Kibbutz and probably also its mutation the Moshav as a genuine socialist enterprise disregarding their dispossessing quest and practice. These creatures had been and remain fundamentally messianic ideological bubbles dedicated to redeeming the ‘Land of Israel’ by foreigners from Palestine’s ordinary inhabitants. They are the fiercest opponents of any genuine historical account of Palestine prior to, during, and subsequent to 1948.
The armed resistance operation from occupied and enclaved Gaza produced an uproar among the dominant American Jewish community in the United States. With existing exceptions, the small number of this population in the United States does not reflect its disproportionate influence within American culture, finance, and psyche encompassing the country’s foreign policy choices executed by an Israel lobby dominated President who reports to a similarly situated Congress.[33]
New York Times, the New Yorker, the Atlantic, Bloomberg News, the Wall Street Journal, and the Forward wholeheartedly adopted Israel’s version of the 7 October 2023 events. Harvard’s Lawrence Summers and faculty demonized and abused students and their right to protest. Tycoon donors were mobilized and university presidents were questioned in Congress leading to their resignation. Demonstrating students and faculty were disciplined. Jerry Seinfeld visited Israel followed by a commencement address at Duke University.
Noah Feldman objected to allegations against Israel, Barry Posen legitimated the illegal war, and Richard Epstein incited more atrocities. Michael Walzer maintained his firm position not to discuss Israel’s illegal warfare and courageously denounced any boycott attempts against Israel. Martha Minow remained silent, but from her resentment of the Goldston report that documented Israel’s war crimes in Gaza in December 2008 – January 2009 and her affinity with Israeli international law Harvard professor Gabriella Blum, it is unlikely that she was epistemologically distant from Barbara Streisand’s methodology of identification with Israel without incontrovertibly raising the torch of Zionism.
Michael Sandel echoed Minow’s muteness abandoning his outspokenness on ‘controversial’ issues but remaining consistent with justifying the illegal invasion of Iraq[34] and the legitimacy of Israel’s Zionism. Alan Dershowitz persistently determined to form a dream team to defend Israel. The American Jewish Committee castigated international human rights organization’s findings on Israel’s genocide as biased. U.S. Attorney General Merrick Garland did not consider Israel’s conduct illegal and American deep involvement in it as complicity[35] triggering resentment from his colleagues at the Department of Justice.[36]Much of the recent American military leadership seems to be embedded with JINSA.[37]
In Britain, both main parties hold deep seated anti-Palestinian approach anchored in England’s colonial tradition, cultural chauvinism,[38] and Zionist influence. Chief rabbi Ephraim Mirvis passionately and publicly appealed not to use the term genocide to describe Israel’s actions in Gaza because it disturbs unhealed wounds of the Holocaust.[39]The Labour Party had been turmoiled by pro-Palestinian rights activity since the early 2000s which increased in the aftermath of the 2003 illegal invasion of Iraq. Blair and his supporters together with Starmer’s sheer opportunism practically persecuted supporters of Palestinians’ rights ousting or instigating the resignation of famed director Ken Loach, former party leader Jeremy Corbin, and former London Mayor Ken Levingston.
Perhaps Anglo–American Jews are unaware of the true nature of Israel. I do not refer to its apartheid and colonial anatomy and character, but rather to its incessant cowardice blaming regional terrorist manipulation for decades (not at times of war) targeting political figures, journalists, intellectuals, scientists, and civilians hoping to instill fear, divide, civil war, and gain diplomatic leverage. Since the Oslo Accords of 1993 Israel’s sickening accusatorial regional terrorism did not cease. Rather it turned also inward towards Israeli Jewish citizens to subvert any meaningful fulfillment of Palestinians’ rights.[40]Israel's hideous act regionally and domestically is known to many Israeli officials, historians, academics, and journalists.
Some states resort to organized intrigue more than others. The significance in the case of Israel is that it is very frequent with a dramatically sinister purpose that places its victimhood argumentation in the quest to gain legitimacy for Zionist sovereignty in Palestine beyond the surreal.
Although the consequences of Israel’s mindlessness are unbearable for the blamed and affected individuals and communities, the country’s supporters in the United States and Britain, even those who often utilize moral and legal arguments, tend to absorb this abnormality for the simple reason that their countries of citizenship also apply deviant forms of violence. However, no justification can be truly bestowed on three manifestations with varying purposes of monstrous targeting of civilians during calm and ordinary times. The ‘plot’ ought to be ignored politically. Its mindset should be opposed by any means necessary.
[1] See also Harry Davies, “UK lawyer to oversee ICC investigation into alleged war crimes in Palestinian territories”, The Guardian, 11 March 2024.
[2] See also Andre Ross Sorkin, “Schlepping to Moguldom”, New York Times, 5 September 2004; Connie Bruck, “The Influencer”, New Yorker, 3 May 2010; Biden Address before the Saban Forum, 6 December 2014.
[3] ICC Prosecutor filed an application for an arrest warrant against Israeli Prime Minister Netanyahu and Minister of Defense Gallant. On 8 November 2024 Israel Katz replaced Gallant as Minister of Defense.
[4] See ICC – 01/18, Situation in the State of Palestine, available at: https://www.icc-cpi.int/palestine.
[5] Jenni Frazer, “Johnson condemns ICC Israel probe”, The Jewish Chronicle, 14 April 2021.
[6] Editorial Board, “A Mess at the International Criminal Court”, Wall Street Journal, 23 October 2024; Editorial Board, “Investigate the ICC before it Escalates”, Wall Street Journal, 1 November 2024. See also Harry Davies, “ICC prosecutor to face external investigation into sexual misconduct claims”, The Guardian, 11 November 2024.
[7] It should be noted that since the inception of Israel’s senseless war on Gaza, little to no harm has been caused to Israeli civilians and civilian Israeli objects.
[8] Agencies and TOI Staff, “Calling to de-escalate, Biden says Haniyeh’s death has ‘not helped’ negotiations”, Times of Israel, 2 August 2024 (traditional Biden rhetoric);
[9] CIA Director Burns interview with the Cipher Brief, 8 October 2024.
[10] Sullivan’s primary personal diplomatic achievement might be not inviting Anne-Marie Slaughter to his wedding.
[11] Kurilla externalized inherent idiocy throughout Israel’s illegal war against Gaza with his inexplicable rationalizations for the exceptional operational and financial military backing bestowed on Israel to fight an occupied and enclaved population.
[12] Linda J. Bilmes et al, “United States Spending on Israel’s Military Operations and Related U.S. Operations in the Region, October 7, 2023 – September 30, 2024, Watson Institute for International and Public Affairs, 7 October 2024.
[13] Alex Gatopoulos, “How US and UK military airlifts have supported Israel’s war on Gaza”, Al-Jazeera English, 27 October 2024.
[14] Harry Davies, “Revealed: Israeli spy chief ‘threatened’ ICC prosecutor over war crimes inquiry”, The Guardian, 28 May 2024.
[15] Harry Davies et al, “Spying, hacking and intimidation: Israel’s nine – year ‘war’ on the ICC exposed”, The Guardian, 28 May 2024.
[16] Harry Davies, “Former ICC chief prosecutor says she faced threats and ‘thug – style tactics’”, The Guardian, 27 November 2024. The reasons for portraying investigations and potential prosecutions against Israeli and American officials as sensitive are not necessarily justified.
[17] Julian Borger, “US imposes sanctions on top international criminal court officials”, The Guardian, 2 September 2020; Barak Ravid, “Trump administration coordinated ICC sanctions with Israel”, Axios, 11 June 2020.
[18] Anthony Blinken, The United States Opposes the ICC Investigation into the Palestinian Situation, U.S. Department of State Press Statement, 3 March 2021.
[19] Robert Tait, “Biden attacks request by ICC prosecutor for Netanyahu arrest warrant”, The Guardian, 21 May 2024. See also Senator Schumer Calls ICC Warrants for Israeli Leaders ‘Reprehensible’, C-Span, 20 May 2024; Emily Jacobs, “Schumer accuses ICC of ‘long term, anti-Israel bias’ amid Israeli arrest warrant fears”, Jewish Insider, 30 April 2024.
[20] Anthony Blinken, Warrant Application by the International Criminal Court, U.S. Department of State Press Statement, 20 May 2024. See also Amy Spiro, “What Tony Blinken wrote about Israel at the Harvard Crimson”, The Jewish Insider, 8 December 2020; Jeet Heer, “Yes, Antony Blinken Should Resign. But He’s Not the Only One”, The Nation, 27 September 2024.
[21] Rachel Looker, “US House passes legislation to sanction ICC over Gaza warrants bid”, BBC, 5 June 2024.
[22] Patrick Wintour et al, “ICC urged to delay possible war crimes charges against Israel and Hamas”, The Guardian, 29 April 2024.
[23] See Boris Johnson’s Letter to Conservative Friends of Israel dated 9 April 2021, available here: https://cfoi.co.uk/prime-minister-boris-johnson-confirms-uk-opposition-to-icc-investigation-into-israel/
[24] Patrick Wintour, “UK rows back on ex – PM’s claim Israel s outside remit of international criminal court”, The Guardian, 14 November 2023.
[25] Jeremy Sharon et al, “Britain challenges ICC’s jurisdiction over Israel, delaying arrest warrant decision”, Times of Israel, 7 June 2024.
[26] Kiran Stacey, “Britain drops its challenge to ICC arrest warrants for Israeli leaders”, The Guardian, 26 July 2024.
[27] Noa Landau, Siding with Israel, Germany Says ICC Has No Jurisdiction in Palestinian Territories”, Haaretz, 15 February 2020.
[28] Stefan Talmon, “Germany publicly objects to the International Criminal Court’s ruling on jurisdiction in Palestine”, GPIL, 11 February 2021.
[29] ICC-01/18, Situation in Palestine, Germany’s Observations Pursuant to Rule 103(1) of the Rules of Procedure and Evidence, 6 August 2024.
[30] Maximillian Popp et al, “’Should I Wait Until Everybody’s Dead?”, Der Spiegel, 5 November 2024.
[32] See, for example, U.S. Secretary of State Blinken’s speech before AIPAC, PBS NewsHour, 5 June 2023.
[33] See Pro–Israel donations to all US Senators 1990 – 2024 (https://www.opensecrets.org/industries/summary?code=Q05&cycle=All&ind=Q05&mem=Y&recipdetail=S) and similar donations to all members of the House (https://www.opensecrets.org/industries/summary?code=Q05&cycle=All&ind=Q05&mem=Y&recipdetail=H).
[34] See Thomas Friedman, “Presidents Remade by War”, New York Times, 7 December 2003.
[35] Ryan Lucas, “DOJ takes a stand against war crimes in Ukraine. In Gaza war, It’s been nearly silent”, NPR, 4 April 2024.
[36] Ryan Lucas, “DOJ lawyers slam ‘glaring gap’ in failure to investigate potential Israeli crimes”, NPR, 25 October 2024.
[38] Reading The Spectator, particularly Douglas Murray, amounts to risking being struck with Nausea harming the mind and the heart.
[39] Alexandra Topping, “Israel’s actions in Gaza are not genocide, says UK’s chief rabbi”, The Guardian, 21 January 2024.
[40] See, for example, Joel Brinkley, “Bomb Kill at Least 19 as Arabs Meet Over Peace Plan”, New York Times, 28 March 2002. Israel launched a massive destruction campaign against Palestinians in the West Bank and Gaza following this self–inflicted bombing. See also Clyde Haberman, “5 killed in Israel as Second Bomber Blows Up”, New York Times, 14 April 1994; Serge Schmemann, “Bus Bombing Kills Five in Jerusalem; 100 are Wounded”, New York Times, 22 August 1995; “Suicide Bombings in Jerusalem and Haifa Wreak Carnage”, Reuters, 2 December 2001; Joel Greenberg, “New Suicide Raid Casts Doubt on Israeli Strategy”, New York Times, 11 April 2002.

ICC Prosecutor Karim Khan. Source: Times of Israel, 10 September 2024.

Andrew Cayley, was appointed by Khan to lead the Prosecution regarding Palestine. Source: The Guardian, 11 March 2024.

Head of Israel Foreign Intelligence – Mossad Yossi Cohen (right). Source, The Guardian, 28 May 2024.

Biden opposing ICC Prosecutor’s application for arrest warrants against two Israeli officials. Source: CNN, 20 May 2024.

Biden and a main donor Saban. Source: The Hollywood Reporter, 10 September 2020.

Biden (and Harris beside him), practically taking responsibility for assassinating Palestinian leader Ismail Haniyeh, a civilian not taking direct part in hostilities, who was visiting Tehran. and admitting his obvious operational alliance with Netanyahu. Source: Times of Israel, 2 August 2024.

CIA Director Burns interview with Cipher Brief, 8 October 2024.

NSA's Director, Timothy Haugh. Source: Politico, 12 July 2023.

CENTCOM's Chief Kurilla with IDF's head Halevi. Source: Times of Israel, 3 November 2024.

IDF’s Halevi with his German counterpart. Source: Davar News Website, 6 December 2024.

British Prime Minister Sunak with Netanyahu. Source: Politico, 18 October 2023. See also Alex Gatopoulos, “How US and UK military airlifts have supported Israel’s war on Gaza”, Al-Jazeera English, 27 October 2024.

Honoring Douglas Murray in Israel. Source: Jerusalem Post, 9 April 2024.

IDF's Southern Command head Yaroan Finkelman. Source: www.now14.co.il, 31 October 2023

IDF’s Air Force head Tomer Bar. Source: Mynet - Ha-Emek, 23 April 2022. https://emek.mynet.co.il/local_news/article/hyt002911r9

Head of Israel’s Security Agency, Ronen Bar. Source: Haaretz, 16 October 2023.

Michael J. Sandel, Harvard University.
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