The farcical ICC has reached an astonishing new low – all countries must reject it

The ICC had issued arrest warrants for three people including Benjamin Netanyahu, the Israeli prime minister
The ICC had issued arrest warrants for three people including Benjamin Netanyahu, the Israeli prime minister

“This is an important step on the path to justice” – so read the statement of Hamas, following the announcement of the International Criminal Court (ICC) that it had issued arrest warrants for Benjamin Netanyahu, the Israeli prime minister, Yoav Gallant, the former Israeli defence minister and Mohammed Deif, the deceased Hamas terrorist. Quite how the chief prosecutor of the ICC intends to arrest Deif’s corpse and put it in the stand at The Hague is anyone’s guess. Perhaps the ICC does have jurisdiction in hell.

We’ve reached an astonishing new low when an international court, which claims to uphold international law and human rights, has found common cause with a terrorist organisation that just over a year ago perpetrated the deadliest day for Jewish people since the Holocaust on its gratuitous rampage of murder, torture, kidnapping and rape.

Karim Khan, the ICC prosecutor, led the war crime case against Israel
Karim Khan, the ICC prosecutor, led the war crime case against Israel - Fadel Senna/AFP

Make no mistake, this moment has sounded the death knell of the ICC. The court has lost all legitimacy for its existence and activity. It, therefore, comes as no surprise that Iran’s Islamic Revolutionary Guard Corps described the ICC decision as “a welcome move” and a “great victory” for Hamas and Hezbollah.

As the terror groups and the Iranian axis of evil laud the ICC, we welcome the comments from our allies in the White House who “fundamentally rejected” the decision and signalled their “deep concern” at the “troubling process errors that led to this decision”.

In pursuing arrest warrants for the elected leadership of a democratic nation, the ICC has been unmasked as a political tool, working in service of terrorist entities, whose goals are the undermining of peace, security and stability in our region.

We thank the US and other allied countries that have rejected the farcical decision of the court and call upon other nations to follow suit in rejecting this injustice. The ICC has shown that every democratic leader, seeking to defend their people, may become a target of the court.

Israel is a state that operates under international law. Israel has, and continues to, facilitate large swathes of humanitarian aid into Gaza.

The IDF routinely acts in such a way to minimise civilian harm in very difficult conditions and densely populated areas in which terror groups have embedded themselves. This is precisely the issue that Israel is fighting against terrorist groups which brazenly and consistently violate international law by using its own population as human shields and by turning civilian areas like hospitals, schools and mosques into terrorist infrastructure.

Tzipi Hotovely is the Israeli ambassador to the UK
Tzipi Hotovely is the Israeli ambassador to the UK - Paul Grover

Quite apart from the absurd and unfounded charges against Israelis, there are also blatant errors in the legal process of the ICC.

First, the ICC lacks the jurisdiction to issue these warrants. Second, the complementarity principle in the Court’s rules means that the ICC can only act if national courts are unwilling or unable to prosecute. The ICC prosecutor cancelled his planned visit to Israel for discussions with the authorities and issued his warrant application on the same day. This bypasses the requirement that the ICC acts subsidiary to the Israeli judicial system in this circumstance and undermines the foundational principle underpinning the functioning of the ICC.

The ICC was established as a last resort court, for circumstances concerning those countries which do not have robust and independent judiciaries – this is certainly not the case with Israel.

While the overarching charge of 'war crimes' has been made public, 101 Israeli hostages are still being held in the terror tunnels of Gaza, at the hands of Hamas
While the overarching charge of ‘war crimes’ has been made public, 101 Israeli hostages are still being held in the terror tunnels of Gaza, at the hands of Hamas - Bilal Hussein/AP

Moreover, while the overarching charge of “war crimes” has been made public, the specific content of the allegation is secret, meaning that the content cannot be sufficiently scrutinised.

The prosecutor’s investigation has been based on Hamas and UN sources, including from UN bodies whose employees are directly affiliated with Hamas. A very worrying precedent is being set here. There seems to be one process for Israel and another process for the rest of the world. There is a word for such a double standard.

Amid this news, 101 Israeli hostages are still being held in the terror tunnels of Gaza, at the hands of Hamas. The ICC’s decision serves as yet another setback in our relentless pursuit of the release and rescue of our 86 men, 13 women and 2 young children who remain there.

Tzipi Hotovely is the Israeli ambassador to the UK