Avraham Shalev
Israel Hayom, Dec. 1, 2024
“The incoming Trump administration understands that the US is next in line and how undeveloped states will weaponize the court to curtail America’s freedom of action.”
Following more than two decades of efforts on the part of the Palestinian Authority (PA) and other anti-Israel elements, the International Criminal Court (ICC) has issued arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant. It is already clear to many leaders that seeking the arrest of the head of a democratic state while it is waging a justified war against a murderous terror organization puts the court to shame. The instruments mobilized against us now will be used in the future against other democracies in the service of terror organizations and dictatorships.
According to reports, the incoming Trump administration is considering severe sanctions against senior court officials, similar to the steps taken in 2020. However, Israel must not leave the Americans to battle the ICC alone. In recent days, two former Australian prime ministers, Tony Abbot and Scott Morrison, called on Australia to withdraw from the court due to the outrageous warrants. The leading candidate for the Canadian premiership, leader of the Conservative Party Pierre Poilievre, attacked Trudeau as “ridiculous” and “extreme” for declaring he would arrest Netanyahu and Galant if they visited Canada. Hungarian Prime Minister Viktor Orban has already invited Netanyahu to Budapest and declared that his state rejects the warrants. Argentina’s President Javier Milei also announced he would not honor them. Israel must persistently work to persuade influential states to withdraw from the court. The ICC operates on the strength of its member states’ cooperation, and a withdrawal of major states would be a serious blow to it.
The Knesset must pass an Israeli version of the American Servicemembers’ Protection Act immediately. This law would authorize the government to use all the means at its disposal to release Israeli detainees. The arrest of Israeli officials or citizens would be considered an act of war. The law would prohibit all government agents from maintaining ties to the ICC, thus eliminating jurists’ temptation to play the court’s pseudo-legal game. The law should include the provision that any cooperation with the ICC on the part of Israeli non-profits would constitute a criminal offense. It is well known that extremist domestic organizations provide foreign countries with the personal details of Israeli citizens in order to prompt sanctions against them. The prime minister prevented the promotion of such a law in the past, but Israel cannot expect the Americans to protect it while it refuses to do the minimum needed for its own self-defense.