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Source: https://www.newsweek.com/israel-international-criminal-court-wrong-law-facts-opinion-1989822
On Israel, the International Criminal Court Is Wrong on the Law - and the Facts
(Newsweek) Mark Goldfeder - Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant are accused of engaging in "starvation as a method of warfare." However, the Rome Statute explicitly defines this crime as "intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions." It is not enough to demonstrate that civilians suffered based on decisions Israel made while fighting Hamas; the prosecutor must show that Israel acted with the deliberate aim of starving civilians as a method of warfare. This is patently untrue. Israel has made extensive efforts to provide humanitarian aid to Gaza, even under the extraordinary challenge of Hamas's systematic theft and weaponization of such supplies. Moreover, to date there is no credible evidence that a single individual has died from starvation as a result of Israeli actions, let alone from a deliberate policy to intentionally starve civilians. Finally, under the terms of the Rome Statute itself, the ICC is meant to be a court of last resort, intervening only when a nation is "unwilling or unable" to investigate or prosecute alleged crimes. Israel, however, has a robust legal system, with an independent judiciary that has repeatedly demonstrated its commitment to upholding international humanitarian law. By disregarding the principle of complementarity, the ICC has acted in clear violation of the court's own rules. The writer, a former law professor, is Director of the National Jewish Advocacy Center.