Yuan Yi Zhu

The ICC has destroyed its own credibility 

Israeli Prime Minister Benjamin Netanyahu (photo: Getty)

The International Criminal Court (ICC) has issued arrest warrants against Israeli prime minister Benjamin Netanyahu and his former defence minister Yoav Gallant for alleged war crimes and crimes against humanity (a third warrant was issued against a Hamas commander, believed to be dead). In so doing, the ICC has undermined – perhaps fatally – its own credibility, as well as prospects for a peace settlement in Gaza.

The process which led to the warrants was compromised from the very beginning, when the ICC’s Prosecutor, Karim Ahmad Khan KC, who is currently being investigated for alleged sexual misconduct (he denies the allegations), convened a ‘Panel of Experts in International Law’ to provide support for his decision to seek the warrants.

More troubling is the fact that the Court had no jurisdiction at all to issue these warrants

The panel’s entire membership was selected by Khan, which raised concerns about its impartiality. As Lord Macdonald, the former Director of Public Prosecutions, pointed out in a September 2024 panel discussion at Policy Exchange, at least two of the Panel’s members had publicly accused Israel of international crimes beforehand, while at least two others had personal links to the Prosecutor.

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