One of the greatest injustices by the International Criminal Court (ICC) is equating the executioner with the victim. This was evident on Monday (May 20, 2024), when Karim Khan, the Prosecutor of the International Criminal Court, announced that he had requested arrest warrants for Benjamin Netanyahu, Prime Minister of Israel, and Yoav Galant, Defence Minister.
They are accused of war crimes and genocide against humanity, with evidence suggesting their involvement in causing suffering and starvation among civilians in Gaza. While such accusations are significant, it is unusual that Khan also stated, "there are reasonable grounds to believe that Yahya al Sinwar, leader of the Hamas movement in Gaza, Muhammad Al Deif, the chief of the Izz al-Din al-Qassam Brigades, and Ismail Haniyeh, head of Hamas' political bureau, are responsible for war crimes and crimes against humanity in Israel."
It appears that the court only dared to issue warrants for the Israeli officials by also targeting Palestinian resistance leaders, who have been defending their homeland for over 70 years under severe suffering. The inclusion of Ismail Haniyeh, primarily involved in political affairs and negotiations, is particularly perplexing.
The United Nations describes the ICC as the first permanent international criminal court, established to investigate and prosecute serious crimes, including war crimes and crimes against humanity. Its mandate emphasizes justice for the victims of atrocities. However, this mission seems to overlook the thousands of Gazan martyrs, including over 15,000 children, more than 10,000 women, and over a thousand elderly people, along with journalists and medical teams.
Although the ICC lacks enforcement mechanisms, meaning Israeli leaders remain effectively safe, the court's actions have provoked significant reactions. Israel condemned the prosecutor's request, calling it a "historical disgrace," while Netanyahu labelled it a "scandal" and vowed to continue the military campaign in Gaza. Additionally, Israel is attempting to obstruct any official court decision, as evidenced by Foreign Minister Israel Katz's announcement of a special effort to counteract the ICC's move, including lobbying major countries to disregard any arrest orders.
Israel's strength is derived from the Arab states' reliance on external support, notably from the United States. President Joe Biden strongly defended Israel, asserting that its military actions in Gaza do not constitute genocide and reaffirmed unwavering American support for Israel's security and its efforts against Hamas leaders.
Despite US Secretary of State Anthony Blinken's rejection of the ICC's requests and concerns over potential impacts on negotiations, he criticised the equivalence drawn between Israel and Hamas, deeming it "shameful." Blinken even suggested imposing sanctions on the ICC, highlighting America's double standards; the same court was praised when it indicted Russian President Vladimir Putin.
In the light of American and Israeli opposition to holding Netanyahu and Gallant accountable for war crimes, it is clear that the recent shifts in global perceptions, brought about by (Toofan Al-Aqsa) the Al-Aqsa Flood, have led to increased recognition of the Palestinian cause. Countries like Norway, Ireland, and Spain have officially recognised Palestine, and more may follow. The ICC's unprecedented move to seek the arrest of Israeli leaders marks a significant moment in the Palestinian-Israeli conflict.
However, while the US and Israel oppose these efforts, the response from Arab countries and the Palestinian Authority in Ramallah regarding the inclusion of Hamas leaders remains notably absent. Only Hamas has condemned the prosecutor's decision, and it is plausible that some Arab nations might even facilitate their trial if the opportunity arises. Despite its symbolic nature, the ICC's step against Israeli leaders is a positive development, evidenced by the intense dissatisfaction from the US, the West, and Israel. A time will come when justice prevails, as the pursuit of accountability has already begun. (Translated by Bad al Dhafri and the original version of the article was published in Arabic in Oman newspaper on May 20)
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