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Subject: [Jewish] Charges and counter charges...
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Clifford D. May
Founder & President


For more than a year, Israel has been fighting a brutal multifront war
against Iran’s rulers and their terrorist proxies: Hamas, Palestinian
Islamic Jihad, Hezbollah, the Houthis, and Shia militias in Syria and Iraq.

Last week, Israel also was attacked by enemies in New York, Washington,
and The Hague. Although these were not kinetic battles, they did damage.

First attack: On Nov. 20, 14 members of the UN Security Council voted in
favor of a resolution that did not call on Hamas to release its hostages
– Americans among them – as a precondition for a ceasefire in Gaza.

President Biden, credit where it’s due, instructed his envoy at the U.N.
to veto the resolution. Allowing the resolution to pass, said Ambassador
Robert Wood, would have “sent a dangerous message to Hamas.”

Which raises this question: Do the leaders of France, Britain, Japan,
and South Korea who voted with Beijing and Moscow not understand the
message they just sent to Americans – at a time of rising isolationism?

And if American diplomats tried but were unable to persuade America’s
allies to stand with the U.S., how likely is it that they will prevail
when negotiating with the envoys of Beijing, Moscow, and their buddies
in Tehran and Pyongyang?

Second attack: Also on Nov. 20: Sen. Bernie Sanders led what The Nation,
a far-left journal, called a “Bold New Effort to Block Arms Sales to Israel.”

He and 18 other senators, all Democrats or self-styled independents,
apparently would prefer that Hamas survive the war it launched against
Israel with its invasion and barbaric pogrom on Oct. 7, 2023. And they
clearly don’t regard liberating the hostages as an urgent concern.

Mr. Sanders’ resolutions to limit munitions sales to an ally defending
itself from genocidal enemies failed. But Mother Jones, another far-left journal, noted that the vote, “shows Dems are shifting.” Hard to disagree.

The third attack: On Nov. 21, Karim Ahmad Khan, prosecutor of the
International Criminal Court (ICC) in The Hague, issued arrest warrants
for Israeli Prime Minister Benjamin Netanyahu and former Defense
Minister Yoav Gallant.

Mr. Khan also issued a warrant for Mohammed Deif, the head of the
military wing of Hamas in Gaza. However, since Mr. Deif was “martyred”
in July, I doubt his lawyers will put him on the stand.

Mr. Khan has not just politicized international law, he’s weaponized it
to defame and blood libel the only surviving and thriving Jewish
community remaining in the Middle East.

To achieve that, he violated both international law and the rules of his
court.

The ICC has jurisdiction only over states that choose to become members. Israel, like the U.S., has declined to join. Mr. Khan is asserting that
Israel – and by implication the U.S. – is bound by a treaty it hasn’t signed. Globalism on steroids.

Also: Because Gaza is neither a state nor a member of the ICC, there is
no entity that has standing to file a complaint with the ICC. How does
Mr. Khan get around those inconvenient facts?

In 2015, the ICC granted membership to the Palestinian Authority which
also is not a state and, what’s more, hasn’t governed Gaza since 2007
when, two years after Israelis withdrew from the territory, it was
ousted by Hamas in a brief but bloody civil war.

Leaving aside Mr. Khan’s unlawful usurpation of power, the charges he
has leveled are bogus, based on disinformation from groups hostile to
Israel.

Take, for example, his primary allegation of “starvation as a method of warfare.” In fact, never in history has a state done more to assist the population of an enemy during hostilities.

Israel has transferred to Gazans more than a million tons of aid carried
by 57,000 trucks. The International Famine Review Committee has
confirmed that there is no famine in Gaza.

Yes, there are individuals who have likely starved to death in Gaza. But
the ICC said nothing about those Hamas-held hostages.

What’s next for Mr. Khan? He’ll probably meet with his own lawyers. The
ICC announced earlier this month that he’s facing an external
investigation into accusations of sexual misconduct.

Despite all this, many of the ICC’s 124 member states have said they
will be only too pleased to arrest Messrs. Netanyahu and Gallant should
they get the chance.

“That’s just who we are as Canadians,” Prime Minister Justin Trudeau
said last week. How sad if that’s true.

Among the nations that fund the ICC are France, Britain, Germany, Italy,
Japan, and South Korea. American diplomats ought to be making clear why
their money would be better directed toward helping Ukraine and Taiwan, democracies threatened by Moscow and Beijing.

President Biden accurately called Mr. Khan’s lawfare against Israel “outrageous,” adding that “whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas.”

But he also could do something. In 2020, President Trump sanctioned ICC officials for investigating American troops. President Biden revoked
those sanctions in 2021.

In June, the House, on a bipartisan basis, passed a bill to sanction the
ICC. But Majority Leader Chuck Schumer has prevented a vote in the
Senate, reportedly on instructions from the White House.

Rep. Michael Waltz, Mr. Trump’s nominee for national security advisor, predicted a “strong response to the antisemitic bias of the ICC and the
UN come January.”

The incoming administration should use sanctions not just to punish the
ICC but to shutter an institution that, since its founding in the early
years of this century, has achieved little at enormous cost.

The ICC’s 900 employees would then need to find more useful ways to earn
a living. The court’s elaborate headquarters, six towers connected on
the ground and first floors, could perhaps be converted into condominiums.

Clifford D. May is founder and president of the Foundation for Defense
of Democracies (FDD) and a columnist for the Washington Times.
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