The International Criminal Court (ICC) announced arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of crimes tied to Israel’s defense operations in Gaza. Why should supporters of Israel—regardless of political views—reject these accusations? 

Belle Yoeli, AJC’s Chief Advocacy Officer, explains why the ICC's charges are not only baseless but also undermine justice, distort international law, and fuel harmful narratives following the deadliest antisemitic attack since the Holocaust.

Listen – AJC Podcasts:

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Go Deeper – AJC Analysis:

• Statement: American Jewish Committee Appalled by ICC’s Issuance of Arrest Warrants Against Israelis

• Explainer: What You Need to Know About the ICC and the Israel-Hamas War

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Transcript of Conversation with Belle Yoeli:

Manya Brachear Pashman:  

The International Criminal Court announced on Thursday that it issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister. You have Galant as well as Hamas terrorist Mohammed, if the Court said it had found reasonable grounds to believe that Netanyahu and Galant quote, each bear criminal responsibility for starvation as a method of warfare and crimes against humanity, end quote. All tied to Israel's military operations in Gaza focused on defeating Hamas terrorists, securing the return of the 101 remaining hostages and preventing more attacks. 

Here to talk about why the court is prosecuting Israel's leaders for its defense operation after the country suffered the deadliest antisemitic attack since the Holocaust, and why that's dangerous, is Belle Yoeli, AJC’s Chief advocacy officer. Belle, welcome to People of the Pod.

Belle Yoeli:  

Thanks so much, Manya.

Manya Brachear Pashman:  

Do Belle, why have warrants been issued for Netanyahu and Gallant.

Belle Yoeli:  

Right. So first and foremost, I just want to make it abundantly clear, and it really needs to be said, that this decision is absolutely outrageous. It's a gross distortion of international law and so many other things. It undermines the credibility of the court, and it fuels a lot of malicious lies about the state of Israel and its self defensive activities in Gaza since October 7.

I will share the Court's reasoning for the warrants, and you alluded to it, quote, crimes against humanity and war crimes committed from at least the eighth of October, until at least the 20th of May 2024. The court claims they found reasonable grounds that Netanyahu and Gallant, again, quote, bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others. The war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution and other inhumane acts. That's the direct quote, obviously very hard to read.

And of course, AJC fundamentally rejects these claims, as do the United States and many, many leading international law and warfare experts. This is just a total and complete failure of justice.

Manya Brachear Pashman:  

So why should supporters of Israel stand firmly against this accusation, no matter what their political views are? In other words, if they're not fans of Netanyahu, but they are ardent supporters of Israel, why should they stand firm against this? 

Belle Yoeli:  

Yeah, it's an important question, and we have to be clear. I mean, the court has politicized this by sort of taking this unprecedented action. But this is not about political issues, it’s not about Netanyahu or Gallant. This is about the truth. This is about right and wrong, and the claims that are being made here are so outrageous and malicious. I mean, Israel is not intentionally starving Palestinian civilians or committing crimes. It just doesn't make sense. 

If it were, it would not be facilitating tons and tons of aid into the Gaza Strip every day, not to mention polio vaccines. I mean, the list goes on and on. Israel, like any other country, is defending itself, and not just in Gaza against Hamas, but on seven fronts, including Hezbollah and Lebanon, against Iranian proxies. 

And look, we've said it from the beginning, since Israel responded in this self defensive way, and we'll say it again: civilians die in war, and that is a terrible, horrible thing. But Israel is fighting its war in Gaza in response to Hamas' actions on October 7. It's about bringing the hostages home and preventing the ability of Hamas to attack Israeli civilians.

And it's been said by many experts that Israel is conducting itself in this war in an unprecedented manner, in a positive way. And I know that's hard for people to grasp, because, again, people have died, Palestinians have died, and, yes, civilians have died, and that's terrible. But that doesn't take away from the fact that Israel is trying to prevent civilian death and why it's fighting this war, and none of that has to do with intentionally harming civilians.

Manya Brachear Pashman:  

So I want to back up here and talk about who is actually pressing these charges, who is actually issuing these warrants and making these accusations in this case. For people who may not be familiar or they may be confused between the International Criminal Court and another international court, the International Court of Justice, which has a separate case against Israel and is connected to the United Nations. So what is the International Criminal Court? How is it different than the ICJ?

Belle Yoeli:  

So you mean, not everybody is a legal scholar? It’s quite confusing, and I'm grateful for my colleagues who have really helped us try to explain this to everyone, and I'll try to break it down for you as simply as I can. So the ICC is an independent, international judicial tribunal. It's based in the Hague, and it was created in 2002 by the Rome Statute. 

And that's a treaty that essentially spells out what crimes this specific body, the ICC, should investigate and adjudicate when it can. And the ICC’s jurisdiction is essentially that it can prosecute individuals for war crimes, crimes against humanity, genocide and aggression. That's four categories. 

And it's allowed to prosecute not just state actors, but also non-state actors. And when you think about the ICC, as colleagues have explained to me, you really are supposed to think about it as a court of last resort. So when you think about national legal systems, and respecting the right that sovereign states have their own courts and that should be respected, the ICC would step in when an important crime or a crime did not get prosecuted.

That's what this body is meant for, and again, trying to respect sovereign states. Now, by contrast, the ICJ is the judicial arm of the UN, the United Nations, and the ICJ is supposed to settle legal disputes between states, and it also can issue opinions upon requests by UN entities. So there are two different bodies, two very different purposes.

Manya Brachear Pashman:  

So is Israel a member of the ICC?

Belle Yoeli:  

So Israel is not a member of the ICC. And this is actually sort of interesting. Israel was involved in drafting the Rome Statute that I mentioned, that created the ICC, that treaty. But things got a little complicated, which is not so surprising when you hear why. Es