Loud on Russia, Silent on 'Israel': How the ICJ Exposed Western Double Standards?

“Israel” and Russia have not signed the Rome Statute, which established the International Criminal Court in 2002 to prosecute individuals accused of war crimes.

However, when the court issued an arrest warrant for Russian President Vladimir Putin on March 17, 2023, for war crimes related to the deportation of children from Ukraine, the West applauded and praised international justice.

In contrast, Western capitals reacted with outrage when ICC Prosecutor Karim Khan called for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and War Minister Yoav Gallant, even though the court had succumbed to U.S. congressional threats and included three Hamas leaders in the case.

On May 20, 2024, Khan announced his intention to issue arrest warrants for Netanyahu, Gallant, and three Hamas leaders—Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif—on charges of committing "war crimes."

When comparing the court's decision regarding Putin's crimes of "child deportation" with the Gaza decision, it becomes clear that there is no comparison, as Israeli leaders are accused of a series of killings and genocide (war crimes and crimes against humanity).

Yet, the United States, the United Kingdom, and other Western countries attacked the Prosecutor's decision, asserting that he has no right to condemn “Israel” and calling his actions "illegal" and "unfair." U.S. President Joe Biden described it as an outrageous decision.

War Crimes 

Karim Khan stated that the charges against Netanyahu and Gallant include causing genocide, using starvation as a method of warfare, including blocking humanitarian relief supplies, and deliberately targeting civilians in conflict.

He claimed in a statement to CNN on May 20, 2024, that the charges against Sinwar, Haniyeh, and Deif include "genocide, murder, hostage-taking, rape, and sexual assault during detention," allegations that American and Western newspapers and international reports have refuted.

However, the arrest warrants against the Zionist leaders represent a precedent for the International Criminal Court against a state (“Israel”) closely allied with and protected by the United States, as the court's decisions have mostly targeted African countries lacking major power protection.

The decision placed Netanyahu alongside Putin, whom the ICC had issued an arrest warrant for regarding Moscow's war on Ukraine, according to CNN on May 20, 2024.

Notably, the court's decision attempted to obscure the call for the arrest of Netanyahu and Gallant by also requesting the arrest of two Hamas leaders (Haniyeh and Sinwar) and al-Qassam Brigades commander Mohammed Deif, presenting the decision as if Hamas were the aggressor and “Israel” the victim.

The ICC Prosecutor's request, published on the UN's website, was titled "ICC seeking arrest warrants for Hamas leaders and Israel’s Netanyahu," framing the movement defending its land as the primary accused before the Israeli Occupation leaders.

According to Khalil al-Anani, a political science professor at American universities, Khan's statement did not begin by accusing the party of committing genocide against Palestinians — ”Israel” — but instead accused three Hamas leaders first.

He explained on the X platform that "the order here is deliberate to suggest that Israel's actions are a response to the October 7 attacks, thus falling under the principle of self-defense, as indicated later in the request."

Al-Anani believes that delaying the mention of the Israeli party in the request after Hamas was "intended to reduce U.S. pressure on the court."

On May 20, 2024, Karim Khan stated that he requested the Pre-Trial Chamber I of the court to issue arrest warrants in connection with the situation in the State of Palestine.

“Today’s applications are the outcome of an independent and impartial investigation by my Office. Guided by our obligation to investigate incriminating and exonerating evidence equally, my Office has worked painstakingly to separate claims from facts and to soberly present conclusions based on evidence to the Pre-Trial Chamber,” he said.

These crimes include starvation of civilians, causing severe suffering or serious injury to body or health, willful killing, deliberately directing attacks against civilian populations, genocide, and willful killing, including in the context of death resulting from starvation, and persecution.

The prosecutor stated that using starvation as a method of warfare, combined with other attacks and the collective punishment of the civilian population in Gaza, had severe impacts such as malnutrition, dehydration, extreme suffering, and increased mortality among the Palestinian population, including children and women.

Although the International Court of Justice is prosecuting Israeli Occupation leaders for "genocide" in Gaza, it was noted that the ICC Prosecutor's request did not explicitly and clearly include this charge among the seven charges against those leaders.

Instead, the first of Khan's seven charges against Hamas leaders was "genocide," which seemed suspicious.

Khan also stated, "Israel, like all States, has a right to take action to defend its population," merely criticizing the methods it chose to achieve these objectives in Gaza.

However, the South African representative at the International Court of Justice refuted this argument, asserting that there is no such thing as the right of self-defense by an occupying state against the territory it occupies."

While the ICC Prosecutor's request charged the Hamas military leader (Deif), it did not charge Israeli military leaders, only the politicians.

Similarly, no charges were directed at those who supported these Israeli crimes with weapons, such as leaders from the U.S., the UK, Germany, and others.

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, genocide, and aggression when member states are unwilling or unable to do so themselves.

Unlike the International Court of Justice, which is also based in The Hague and adjudicates state responsibilities, the ICC does not accuse any state or people.

The court can prosecute crimes committed by citizens of member states or by others on the territory of member states, which currently number 124 countries.

What Does This Mean? 

The issuance of arrest warrants against Israeli leaders would mark a new era for international humanitarian law, where even close U.S. allies can be held accountable for their actions.

The ICC warrants against Israeli officials mean they cannot travel and their sponsors in the U.S. will face pressure regarding continued arms sales, according to The Intercept on May 20, 2024.

“The ICC has never indicted a Western official,” said human rights attorney and war crimes prosecutor Reed Brody. “Up until now, the instruments of international justice have been used exclusively against enemies and outcasts.”

Putting “Israel” in a camp with world outcasts could have grave ramifications for the U.S., a close ally of “Israel” and chief provider of its weapons and diplomatic cover,  Brody told The Intercept.

Sarah Knuckey, an expert on international law and professor at Columbia Law School, said, “The prosecutor’s announcement will likely impact assessments of the legal risks for other states which are supporting or aiding Israel’s war in Gaza.”

“If there are reasonable grounds to believe that senior Israeli officials are responsible for war crimes, then countries aiding Israel’s war in Gaza are at risk of complicity in those same crimes. We may see accelerated efforts in other countries to stop them from selling weapons or providing military aid to Israel.”

Nonetheless, the UK defied the ICC Prosecutor and confirmed on May 20, 2024, that the decision would not prevent it from continuing to export arms to the Israeli Occupation.

“All of the 124 countries that are parties to the Rome Statute are legally obligated to cooperate with the ICC and must arrest anyone on their territory that is subject to an ICC arrest warrant,” said Knuckey.

“This would significantly curtail the ability of the suspects, including Prime Minister Netanyahu and Defense Minister Gallant, to travel abroad and participate in international events.”

“The ICC, and international justice in general, are often critiqued for being selective, or imperialistic, or reflecting the geopolitical interests of powerful states,” said Knuckey, the Columbia law professor. 

“Today’s announcement may help to rebalance international justice and sends a strong message that all governments must comply with international law.”

She added, “Many Western states were very supportive of arrest warrants for Russian President Putin for his crimes in Ukraine. How governments react to today’s announcement will be a test of the genuineness of their commitment to international justice for all.”

Legal experts affirm that the arrest warrant request is unprecedented for “Israel” and increases its international isolation as a pariah state, causing significant anger within Tel Aviv.

Activists noted that requesting an arrest warrant for Israelis is unprecedented for one of America's key allies, resulting in hysteria within official U.S. circles.

They emphasized that Israel's leaders have officially and historically, under international law, joined others the court has accused of being "international war criminals wanted for arrest and trial."

Others saw it as a groundbreaking event and a decision that would fundamentally reshape the global perception of “Israel.”

Haaretz mocked Netanyahu on May 20, 2024, noting that he had succeeded in equating “Israel” with Hamas, making it globally condemned due to his policies, stating that he has no one to blame but himself.

Israeli analyst Amos Harel in Haaretz on May 21, 2024, noted that ICC Prosecutor Khan has created a new reality for “Israel” with his decisions, which could end poorly for the Israeli occupying state.

He asserted that “Israel” is not Russia, so Western sanctions (on Tel Aviv after the ICC decision) are expected to affect every aspect of life.

He said Khan's request for an arrest warrant against Netanyahu and Gallant places “Israel” in a diplomatic reality it has never faced before.

“In the short term, and for the first time, it puts the Israeli leadership in danger of an international threat in wake of its decision to continue the war in Gaza. In the long run, if the arrest warrants will be issued, we are liable to find ourselves within a diplomatic avalanche, with possible far-reaching effects on economic, scientific, and trade relations, and on other areas as well.”

“These steps against a democratic country in the midst of war are unprecedented – and they put Benjamin Netanyahu and Yoav Gallant in danger of extradition should they visit member countries of the court,” he added.

Blatant Double Standards 

In 2022, a group of 39 countries, including France, Germany, and the United Kingdom, called on the ICC to investigate Russia's invasion of Ukraine.

This led the ICC to issue an arrest warrant for Putin for war crimes in Ukraine, involving the transfer of children from Ukraine to other areas, a move praised by U.S. President Joe Biden.

On March 18, 2023, Joe Biden welcomed the ICC's issuance of a warrant for Putin, describing it as a very strong point.

At the time, the ICC accused Putin of committing war crimes in Ukraine, even though Russia is not a member of the court, which Joe Biden said was "clear."

However, when the ICC prosecutor issued similar arrest warrants for Israeli Occupation leaders, U.S. leaders claimed the request was "illegal" because “Israel” is not a court member, even though the same applies to Russia.

Former ICC President Chile Eboe-Osuji told Foreign Policy on May 7, 2024, that the court can prosecute Israeli officials for complicity in crimes committed on Palestinian territories.

He said that the same legal principle was used in the case of Russia, which is not a court member.

He explained that it would be inconsistent for any of these countries to accept the ICC’s jurisdiction over Russian citizens and not over Israeli citizens.

Thus, Russia described America on April 30, 2024, as "hypocritical" for opposing the ICC's investigation into Israel, claiming the court lacks jurisdiction.

American and allied responses displayed the same hypocrisy and double standards when “Israel” was condemned, despite praising the same court when it ordered Putin's arrest.

This indicates they use international bodies as "political tools" for their interests rather than justice.

When the ICC issued a warrant for Putin, U.S. Senator Lindsey Graham said that the court's decision to issue a warrant for Putin was a giant step in the right direction for the international community.

However, after the ICC requested a warrant for Netanyahu and Gallant, he said that he will collaborate with his colleagues in Congress to impose severe sanctions on the ICC.

On May 6, 2024, the independent media outlet Zeteo, founded by British journalist Mehdi Hasan, exposed the U.S. bullying of ICC judges.

It published details of a "petition" from Congress members threatening to prevent any decision against Israeli Occupation’s genocide in Gaza and war crimes, displaying American bullying to protect Netanyahu.

Zeteo revealed that 12 Republican Congress members threatened the court president with severe consequences for him, his family, and his staff if he issued a warrant for Netanyahu.

The letter, signed by extremist Christian Zionist Republicans including Tom Cotton, Marco Rubio, and Ted Cruz, was addressed to the ICC prosecutor.

It claimed that if he issued a warrant for Netanyahu and other Israeli officials, it would be seen as a threat not only to Israeli sovereignty but also to U.S. sovereignty, leading to heavy sanctions.

The letter threatened Prosecutor Khan with the phrase, “Target Israel and we will target you.”

Congress members also threatened to impose sanctions on Khan’s staff and associates and ban the prosecutor and his family from entering the U.S.

In 2020, former President Donald Trump authorized economic and travel sanctions against the ICC prosecutor and another senior official in the prosecutor's office.

ICC staff were then investigating evidence of war crimes committed by U.S. and allied forces in Afghanistan.

But Joe Biden, who provided decisive military and political support for the Gaza attack, lifted the ICC sanctions in 2021 because the court condemned Russia and Putin.

Since America protects and participates in his crimes, Netanyahu brazenly attacked a prosecutor, asking, "How dare you compare the monsters of Hamas to the soldiers of the Israeli Army, the world's most moral military?"

He also announced his disregard for all ICC announcements and his continuation of Gaza's genocide, calling the prosecutor's warrant in The Hague ridiculous and false, and directed against the entire state of “Israel,” not just himself or his war minister.