-Analysis-
PARIS — On May 20, International Criminal Court chief prosecutor Karim Khan struck a major blow with colossal repercussions. In a carefully prepared speech, Khan called for arrest warrants to be issued against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and three Hamas leaders: Yahya Sinwar, Mohammed Deif and Ismail Haniyeh.
The choice to equate Israeli leaders with those of the movement that carried out the Oct. 7 attack has provoked indignant reactions in Israel (where they claim antisemitism) but also in the United States. Yet this is the basis of Khan’s approach: the prosecutor reads the law and denounces violations on both sides — and he is in tune with the majority of the world’s population, which finds Israel’s methods in Gaza unacceptable.
The affair reveals once again the rift between the West and what we call the global South and the differing perceptions of the international order.
Western contradictions
To understand the situation, we must go back to Russia’s invasion of Ukraine in 2022. While Westerners denounced the violation of international law, some countries in the South felt that evoking law was a result of double standards.
Westerners are now clearly contradicting themselves. Last year, they praised the ICC for issuing an arrest warrant against Russian President Vladimir Putin. Yet on Monday, U.S. President Joe Biden objected to Khan’s decision on Netanyahu. The United States even said that “the action will only strengthen Hamas” and prevent a ceasefire.
But the truth is that Khan is simply exercising his role when he denounces Israel’s use of hunger as a weapon of war, as well as when he accuses Hamas of extermination, murder, kidnapping, rape and torture. And he makes himself unassailable when he calls for the release of the hostages held by Hamas, in the name of morality and international humanitarian law.
Israel’s isolation
The fallout from this affair will be felt on two levels. The first concerns Israel, where the immediate reaction will be to rally around the prime minister, regardless of the doubts he inspires. This is a natural reflex, but his is already facing a political onslaught from Benny Gantz, a political rival and member of the War Cabinet. Despite declarations of solidarity, the threat of an arrest warrant may weaken Netanyahu.
The ICC is now in danger of becoming obsolete.
The ICC is also at risk; there are calls in Israel and the United States to sanction the court. Considered a great step forward when it was established in 2002, the ICC is now in danger of becoming obsolete. The arrest warrant against Putin has changed nothing in the Ukrainian conflict, and the same risks happening with the one against Netanyahu, due to lack of consensus.
Finally, the affair highlights Israel’s growing isolation as the war in Gaza continues. While it has the strength of arms on its side, Israel is losing the battle in world public opinion. In this sense, the ICC prosecutor has further weakened Israel’s position.