Equal Justice for All
A worldwide discussion about justice and impunity has been sparked by the ICC’s decision to request Netanyahu’s arrest for possible war crimes. Learn the justifications and consequences for achieving equitable justice for all.
Indignant Protests Highlight Double Standards
Indignant protests by Israeli and US leaders over last week’s decision by the prosecutor of the International Criminal Court (ICC) to seek Benjamin Netanyahu’s arrest for alleged war crimes shone new light on an old reality: for those at the top who wield decisive political power, all people are equal – but some are more equal than others.
Violence Against Palestinians: A Dispossessed People
The implicit suggestion that violence against Palestinians, a dispossessed, marginalized, and primarily voiceless people, is less wrong—or even more acceptable—than violence against Israelis, the privileged, protected citizens of an established nation-state, is at the core of criticisms directed towards Karim Khan’s courageous action. Being modest ultimately leads to the absurd but inevitable charge of antisemitism.
The self-reverencing fury of US and Israeli politicians, and some in Europe, is revealing – and dismaying. Hamas’s massacre of about 1,200 people last October was appalling, criminal, and unforgivable – and must and will be punished. It does not justify Israel’s disproportionate, illegal, and indiscriminately lethal response in Gaza. But they just don’t get it.
Everybody’s life matters, including the lives of Palestinians. How come leaders in the West can so readily accept, deny, or defend the bombing of homes and hospitals, the obstruction and seizure of relief, and the deaths of around 35,000 people—at least 12,000 of them were women and children, according to updated UN estimates—?
US and Israeli Leaders Reject ICC Actions
Both US President Joe Biden and Israeli Prime Minister Benjamin Netanyahu maintain that arraigning Hamas and Israeli leaders concurrently indicates “moral equivalency.” This is absurd. According to Khan and his knowledgeable advisors, there are “reasonable grounds to believe” that serious crimes have been committed by both parties. All accountable parties, regardless of identity, have an equal obligation to answer.
It is possible that Netanyahu and his co-defendant, Yoav Gallant, the minister of defense, believe they are above the law, particularly international law, which they disdainfully break. Maybe they think that Israel is as well, even as they enforce the occupation of Palestinian territory. That is undoubtedly the impression created by the careless actions of their troops in Gaza.
Then they are not alone. The president of Russia, Vladimir Putin, is charged with supervising several crimes in Ukraine. An arrest warrant was issued by the ICC last year. Does this imply “moral equivalency” between Netanyahu and the terrorists of Hamas? No. It means that Putin has to answer for his alleged conduct just like everyone else does. Similar to them, he must demonstrate that his assumption of impunity is untrue.
It’s astonishing how challenging equality before the law is for Western politicians, who are supposed to defend the democratic, international rules-based system. Biden responded in a nonsensical and somewhat weird way. “This is not genocide,” he declared. But it’s not what the ICC is claiming. Joe, that’s a separate court.
“Outrageous” is how Biden described attempts to detain the two Israelis—but not the Hamas leaders—into custody. He has personally blasted Israel for its inability to protect civilians and for its starvation tactics in Gaza, which is a major accusation against it at the ICC. However, he now opposes efforts to guarantee that those guilty are held accountable, even as he supports Putin’s ICC warrant. Pick ‘n’mix justice is this.
America’s senior ambassador, Antony Blinken, is an educated lawyer and ought to know better. The majority of people acknowledge Palestinian sovereignty. Norway, Spain, and Ireland recently joined. Regardless of Blinken’s assertions, the ICC possesses legal jurisdiction over Gaza. Palestinians shouldn’t have to wait for an investigation by Israel’s tainted courts either. They would have to wait a very long period, based on historical history.
The Myth of the IDF as the World’s Most Moral Army
The Israel Defense Forces (IDF) are still praised by Netanyahu and his combative spokesman as “the world’s most moral army.” They say it prevents injury to civilians more than any other in history, yet they don’t provide any proof. Nevertheless, despite Israel’s broad prohibitions on impartial research and reporting, the world is not blind.
Gaza: A Modern Humanitarian Disaster
Gaza is an unprecedented man-made disaster in the modern period. Direct comparisons are difficult and inaccurate. However, when it comes to casualties and displacement, Gaza seems worse than Aleppo (2016), Mosul (2017), and even Grozny (1994–1995). The Occupied West Bank is witnessing an unprecedented level of Palestinian deaths.
The tolerance accorded long-standing patterns of heinous behavior can only be explained by the codependent hubris and ignorance of those governing Israel-friendly countries. Rishi Sunak deemed the ICC action “deeply unhelpful” while he was in Britain. How is he thinking? Is attempting to stop lawless killings “unhelpful”? Does pursuing justice seem “unhelpful”? This is not an analogy of morality. It’s complete moral ambiguity.
Some Israelis do understand. According to the left-leaning publication Haaretz, the ICC took action due to a bigger strategic failure. Israel started a legitimate war, initially backed by a large number of nations. However, this government’s callousness and avaricious incompetence, along with the mishandling of this war, have made Israel an international laughingstock.
Global Responses to Israel’s Actions
Presumptive political untouchability is not just an Israeli issue. However, three senior figures from Bashar al-Assad’s despotic regime in Syria were put on trial for crimes against humanity last week in Paris in absentia. In addition, France has issued an arrest order for Assad under the theory of “universal jurisdiction.” It’s a morally righteous evaluation that comes after other European nations have taken comparable steps.
Conclusion: No One Is Above the Law
Netanyahu may choose that, like Assad, Putin, and another ICC indictee, Omar al-Bashir, the overthrown tyrant of Sudan, he will never be brought before the Hague’s dock. Can he, however, be certain? It was a good week for world justice despite the Orwellian double standards of certain Westerners. Another development was the UN International Court of Justice’s ruling to stop Israel’s offensive in the southern Gazan district of Rafah. The gathering’s message is uncomplicated. One cannot tolerate impunity. It’s possible that war criminals won’t find permanent refuge. No one is above the law, no matter how strong. Everyone is entitled to safety.