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Already a Travesty, the ICC Eyes Charges Against Israel
(Wall Street Journal) Eugene Kontorovich - The prosecutor of the International Criminal Court is reportedly considering arrest warrants against Israeli leaders for alleged war crimes. This would be the first time the ICC has taken this step against a liberal Western democracy. Such charges would allow unaccountable bureaucrats in The Hague to put Israel's elected officials on trial for decisions they made to defend the Jewish state against Hamas. The charges alone would harm Israel by serving as a diplomatic catalyst for sanctions and boycotts of the Jewish state. But the diplomatic damage depends on a mistaken view of the ICC's legitimacy. It isn't some grand "world court." The countries most likely to use military force have chosen not to join. Despite a $200 million annual budget, the ICC has convicted only six people of the mass-atrocity crimes it was created to adjudicate in 2002. Incumbent dictators such as Russia's Vladimir Putin have simply ignored ICC indictments. The ICC can't deter dictators and warlords. The likeliest outcome of an ICC charge against Israel would be to make it harder for small democracies to defend themselves from aggressive neighbors. In 2020, the ICC prosecutor shelved an investigation into allegations of torture by U.S. troops in Afghanistan when President Trump imposed sanctions on her and a colleague. After the Biden administration lifted those sanctions in 2022, the ICC promptly reopened the investigation. The writer is a professor at George Mason University Law School and a scholar at the Kohelet Policy Forum.