nabla9
a year ago
(before you jump into discussion, remember that this only about these two individuals)
ICC and the prosecutor are on very solid ground here.
The prosecutor asked opinions from a impartial panel of experts in international law. The panel included people like Theodor Meron (former Legal adviser for the Israeli Ministry of Foreign Affairs), Helene Kennedy, Adrian Fulford.
Netanyahu and Yoav Gallant provided plenty of evidence of the intent. Did they really think that when they talk Hebrew to their audience, rest of the world does not hear them. Case like this would be harder to prosecute without evidence of intent.
nielsbot
a year ago
Also important to note that Khan, who filed the warrant requests, was one of Israel’s preferred appointees to the ICC as chief prosecutor.
starik36
a year ago
Why would it be preferred or not? Israel is not an ICC member.
ceejayoz
a year ago
One can express a preference without having the right to participate in the selection.
Quite a few non-US citizens express a preference on who wins the Presidency, for example.
https://www.timesofisrael.com/uks-karim-khan-elected-next-ic...
> Israel’s Kan public broadcaster reported that Israeli officials supported Khan’s candidacy behind the scenes, and consider him a pragmatist who shies away from politicization.
yieldcrv
a year ago
Also note that the US imposed heavy sanctions on Ethopia and Eritrea’s entire government party, head of state, spouses and businesses under the exact same observations of provoking famine and starvation
EO 14046
user
a year ago
bn-l
a year ago
[flagged]
seanp2k2
a year ago
You can literally go on social media and see first-hand videos of the things happening in real-time there for yourself.
yieldcrv
a year ago
I would like to see the same standard applied by the US, or demonstrate that the US has far more options than its tacit consent, I would like the US to be completely uninvolved, and point out how the US’ leverage in the situation doesn’t involve Congress just the stroke of a pen from any President, leading the Office of Foreign Assets Control
since it would simultaneously be “anti-Semitic” to do this or avoid doing this by assuming cutting Israelis off from the global financial system to be uniquely debilitating, we could find out which view has a kernel of truth attached, and it shouldn’t be a problem at all
three14
a year ago
If you do speak Hebrew, you would know that Netanyahu and Gallant have been heavily attacked by the extreme right specifically because they have been refusing to cut off food.
ClumsyPilot
a year ago
> Gallant provided plenty of evidence of the intent. Did they really think that when they talk Hebrew to their audience, rest of the world does not hear them.
Absolutely, I can not find the BBC or most other major news networks broadcasting and translating any of that.
I only see that on social media
klipt
a year ago
[flagged]
user
a year ago
mikae1
a year ago
> Did they really think that when they talk Hebrew to their audience, rest of the world does not hear them. Case like this would be harder to prosecute without evidence of intent.
What are you talking about here? Link?
helge9210
a year ago
He referred to Palestinians as Amalek.
Since there are not many Hebrew books written over the centuries (for obvious reasons), modern literature is heavily relying on religious texts for metaphors and analogues.
Calling someone Amalek is a call for genocide.
throwaway_fjmr
a year ago
Erm. No? The Amalekites are “just” the enemies of Israel.
raxxorraxor
a year ago
[flagged]
hn_throwaway_99
a year ago
My question, though, is does pushing these kinds of toothless resolutions make any difference beyond showing that the ICC essentially has no power to enforce its warrants?
It's clear that the most powerful militaries in the world (US, Russia, essentially China too) have declared the "rules-based world order" dead. Does it do anyone any good to pretend this hasn't happened? It reminded me of the post Elizabeth Warren put out complaining that Trump was breaking the law because he didn't sign some ethics pledge: https://x.com/SenWarren/status/1856046118322188573. I couldn't help but roll my eyes. All Warren was doing was showing how pointless these laws are when there are no consequences for breaking them.
The rules-based world order was always a bit of convenient fiction, but I'm afraid it's a fiction that a large part of the world no longer believes in anymore.
edanm
a year ago
> My question, though, is does pushing these kinds of toothless resolutions make any difference beyond showing that the ICC essentially has no power to enforce its warrants?
Absolutely this matters.
This effectively limits where Netanyahu and Gallant can travel to. That's a big deal for a head of state. It sends a signal to all of Europe to be wary of doing business with Israel, which is a big deal.
We also don't know if there are any hidden warrants for other Israelis, and more importantly, if this is a precedent for future warrants. If the court starts issuing warrants for other IDF military personnel, that becomes a huge negative for Israelis.
Animats
a year ago
At some point Netanyahu will be out of power. He's been voted out of office before. He's in trouble politically. He promised a short, victorious war over Gaza, and got into a long major war against Iran and more countries instead. The next government might decide to turn him over to the ICC simply to get him off the political stage.
hn_throwaway_99
a year ago
> We also don't know if there are any hidden warrants for other Israelis
Honest question, are "hidden" warrants a thing at the ICC? Seems like it would be difficult, as the ICC doesn't have an enforcement arm of its own, so I would think warrant information would need to be circulated to all the treaty signers, at which case it would be pretty impossible to keep hidden. I tried searching but couldn't find anything - all the results were just about this Netanyahu situation.
jki275
a year ago
What this really does is remove the ICC's authority.
It's one of those things -- if you make up rules and then can't enforce them, pretty soon no one cares what you say about anything.
petre
a year ago
> It sends a signal to all of Europe to be wary of doing business with Israel, which is a big deal.
They can resume business once Netanyahu is gone.
In fact Viktor Orban has already invited him to Hungary to the dismay of EU officials. His plane would need permission to fly in other countries' airspace anyway so it would be qiite a risky stunt.
owenversteeg
a year ago
I'd argue that the "rules-based world order" as most people perceive it never really existed. Some will say that it existed for a brief moment in the 90s-2000s. Back then, most countries played nice with the international treaties even if there were no penalties for noncompliance, right? No - it just appeared that way. The 90s and 2000s were a unipolar world, the peak of the American Empire, and America made it eminently clear what would happen if you didn't get in line. If you're a small irrelevant country you would comply with the Treaty on Migratory Slugs or the Convention on Widgets not because of any written penalties, but because to not comply would be to reject the single world power and bear its wrath.
Now we're back to the state of the world as it has always been - multipolar - and it has once more become obvious that things only matter when backed up by force, leverage, and incentives. Look at things with teeth behind them - NATO borders, export controls and ASML, artificial islands in the South China Sea, control of Hong Kong, Russia in Syria or any of the other treaties with military bases. There are papers and laws and declarations on both sides of all of those things, but real-world control always follows force, leverage and incentives.
aguaviva
a year ago
Some will say that it existed for a brief moment in the 90s-2000s.
So were the Nuremberg Trials not an instance of the RBWO?
(And all the UN mediations in e.g. Palestine, Korea, etc. from its very founding)
DeepSeaTortoise
a year ago
> I'd argue that the "rules-based world order" as most people perceive it never really existed. Some will say that it existed for a brief moment in the 90s-2000s. Back then, most countries played nice with the international treaties even if there were no penalties for noncompliance
The utter disrespect for the CFE treaty during that period is exactly what got us the Ukraine war right now.
hilbert42
a year ago
"It's clear that the most powerful militaries in the world (US, Russia, essentially China too) have declared the "rules-based world order" dead."
Correct, and that's what happened only about a decade after WWI—the War to End All Wars and look what happened.
I'm fearful history might repeat itself. It has a bad habit of doing so and often with unexpected twists.
com
a year ago
Justice has to be declared as an essential principle of human organisation.
If the 1984 vision of a boot stamping on a human face forever is going to work out to be true, then so be it.
The ICJ is at least holding out against that future.
What will you (as a human) choose to do?
These days and years are going to be definitional I think.
fmajid
a year ago
Netanyahu and Gallant will no longer be able to travel to Europe, and likely will not want to fly over Europe either (thus not to the US either).
tzs
a year ago
If they just wanted to hop on a regular commercial flight to the US that might be a problem, but I'd expect they would fly on military aircraft.
Instead of taking the most direct route which would fly over Europe they could stay over the Mediterranean until they reach the Atlantic and then head straight to the US.
That adds about 500 miles or so to the trip which probably isn't a big deal on a trip that long.
zeroonetwothree
a year ago
Presumably if they get invited to Europe it will be with assurance from the state that nothing happens to them. And traveling uninvited is probably a bad move anyway. So not much difference.
If you mean to imply that Europe is somehow going to shoot down their planes if they fly over that’s obviously absurd.
andrewinardeer
a year ago
Why not the US?
The aren't signatories to the ICC.
Alupis
a year ago
[flagged]
elcritch
a year ago
Should Russia’s military really be included among the most powerful in the world? They haven’t been able to defeat Ukraine which is much smaller and weaker. On paper Russia is a dominant military power but in reality their equipment is poorly maintained, their training seems limited, and the leadership full of nepotism or incompetence.
China likely has a much better army, but it’s hard to say without a large scale conflict. Hopefully we won’t find out.
phs318u
a year ago
Lots of things that have a real effect in the world are a convenient fiction. The fact that most people on the planet believe that the small paper rectangles printed by the US government have some value, is a consensual belief simultaneously held but no less a fiction.
The rules based order of the world was once something people believed in, and therefore expected others to conform to. Until they didn’t (for lots of reasons all of which cumulatively perturbed the system such that it’s flipped from a stable state and into a meta-stable state).
sir0010010
a year ago
There are a finite amount of the small paper rectangles available (yes the supply is increasing, but it is finite at any moment) AND these small paper rectangles are required in order for US residents/citizens that earn income in any currency in order to stay out of prison. So, in other words, not a fiction.
ClumsyPilot
a year ago
> have declared the "rules-based world order" dead
I have hunker are confusing two things here - there is international law, which the US and other delinquents break regularly.
And there is Rules based world order, which is what US talks about and attempts to impose.
For example imposing sanctions on Russia does not have basis in international law, but is part of ‘rules based order’
jki275
a year ago
There is no such thing as "international law" in the way you use the term.
There are treaties that countries either sign or do not sign. The US isn't breaking treaties it has signed, at least not in the general case.
aguaviva
a year ago
For example imposing sanctions on Russia does not have basis in international law,
Of course it does.
Every country is free to choose which countries it does business with.
joejohnson
a year ago
The rules-based order was always a fiction; international law is a tool used solely against America’s enemies.
This arrest warrant could be executed in a day if the US would stop supporting this genocide, but that won’t happen. They will sooner invite Netanyahu back to the UN to order more air strikes on refugees.
babkayaga
a year ago
the warrant is not for genocide, you did not even read it, did you?
dotancohen
a year ago
[flagged]
YZF
a year ago
[flagged]
sudosysgen
a year ago
The standard isn't harm, it's war crimes. There is clear evidence that Israel deliberately withheld food and medicine from civilians in a calculated manner, which is a war crime that no one is alleging in the fight against ISIS.
anon291
a year ago
There was never a 'rules-based world order'. We live purely in Pax Americana and every government exists at the pleasure of the United States. If the US wanted to, and if it did it correctly, it could easily conquer most countries. Afghanistan happened because America lost the will, not the ability. Had America gone the normal colonial route, Afghanistan would look a lot different today.
woooooo
a year ago
The UK at their peak and also Russia, twice, tried the "normal colonial route" in Afghanistan..
danenania
a year ago
> If the US wanted to, and if it did it correctly, it could easily conquer most countries.
It could possibly conquer many countries by largely destroying them as was done to Germany and Japan, but since the US is a democracy and a sizable portion of its people have morals and aren't sociopaths, it's politically impossible to fight a war this way in the modern era without some kind of extreme provocation. Even immediately after 9/11, I think most Americans would not have signed on to a campaign of total war in Afghanistan with multiple millions dead.
And even back when America did pretty well take the gloves off, doing nearly everything it could short of nuclear weapons in Korea and Vietnam, it still couldn't win. So I don't think it's a foregone conclusion that any decent-sized country could be conquered easily even if the 'will' was there.
A4ET8a8uTh0
a year ago
<< There was never a 'rules-based world order'. We live purely in Pax Americana and every government exists at the pleasure of the United States.
Yes. However, Pax Americana did, at least initially, at least give semblance of established rules working. Now even that pretense is gone.
<< Afghanistan happened because America lost the will, not the ability. Had America gone the normal colonial route, Afghanistan would look a lot different today.
Eh. No. I am not sure where the concept this weird concept of 'bombing them to nothing did not help; we probably need to bomb them some more' comes from. I accept your premise that some of it is the question of will, but you have to admit that two decades with nothing to show for it is not.. great.
bawolff
a year ago
I mean, nobody really knows until the trial (if one ever happens). Its easy to be convincing when you are just listening to the prosecution - it gets harder once the defense has the opportunity to poke holes.
Keep in mind the conviction rate at ICC is pretty low.
> The prosecutor asked opinions from a impartial panel of experts in international law.
The court already disagreed with said panel on one of the charges (crime of extermination) and we aren't even at the stage yet where they need proof beyond a reasonable doubt.
Netanyahu and Gallant should certainly be quite worried (if they somehow find themselves in icc custody which seems unlikely) but we are still very far away from a conviction. Its not a foregone conclusion.
nabla9
a year ago
The outcome of this case will be hard to predict, but Netanyahu and Gallant did their best to get convicted.
MrMcCall
a year ago
Your dark humor made me chuckle. Thanks for that in this dire world.
May the persecution of all innocent Jews, Palestinians, Ukrainians, and Africans (e.g. Ugandans) end and a world of peace and justice be established, for one and all.
GordonS
a year ago
> Keep in mind the conviction rate at ICC is pretty low.
My understanding is that's because it's usually difficult to show intent. However, in this case, not only do we have an incredible amount of video evidence of war crimes, but we also have a huge catalogue of Israeli politicians explicitly calling for the genocide of Gaza.
My biggest concern over this is what the US and/or Mossad will do...
bawolff
a year ago
Usually when people say that they are talking about genocide. War crimes and crimes against humanity may have some intent requirements but they don't have the double intent that genocide has, which is the part that is super difficult to prove.
To over simplify (also ianal) with genocide you basically have to prove that the only possible rationale for the action was to try and destroy the protected group and that there is no other plausible explanation. With normal war crimes its more just proving the act wasn't done accidentally. [This is a gross oversimplification]
> but we also have a huge catalogue of Israeli politicians explicitly calling for the genocide of Gaza.
I don't think that is relavent here, as genocide is not one of the charges. Additionally, that would probably be more relavent to state responsibility for genocide (what the icj decides) and not personal responsibility (what icc has juridsication over). Even for state responsibility, its a bit iffy how much those statements matter if they aren't said by people who have the power to issue orders to the military (they of course matter a lot if the charge is failing to suppress incitement of genocide). I'm not saying its totally irrelavent, it is probably a bit relavent to the prosecution charge, but largely it matters more what the individuals themselves have said as they are being charged in an individual capacity not as agents of the state.
Basically the ICC and ICJ are different and what you are saying is more applicable to the ICJ case not the ICC case.
runarberg
a year ago
I think they only need to show intent if they are being charged with genocide, however, I think in this case they are being charged with using starvation as a weapon, hindering aid, and targeting hospitals. I think the recommendation also included extermination, which is similar to genocide, but also does not require intent, but I think the voted against that.
I think the evidence for the charges which were actually brought forward are pretty strong. I mean we have Gallant on video stating explicitly a policy of starvation, a policy which we have been seeing in action, also on video.
Qem
a year ago
> but we also have a huge catalogue of Israeli politicians explicitly calling for the genocide of Gaza.
There was even a database set to track this large number of genocide calls. See https://law4palestine.org/law-for-palestine-releases-databas...
dotancohen
a year ago
[flagged]
edanm
a year ago
> However, in this case, not only do we have an incredible amount of video evidence of war crimes, but we also have a huge catalogue of Israeli politicians explicitly calling for the genocide of Gaza.
I disagree that there is an incredible amount of video evidence of war crimes that are relevant here.
And I also disagree that there is a huge catalogue of Netanyahu and Gallant making statements that show intent. For the purposes of these warrants, it doesn't matter what other Israeli politicians have said as I understand it.
exe34
a year ago
[flagged]
anon291
a year ago
[flagged]
mongol
a year ago
ICC have those guns, which Netanyahu will experience if he steps foot in a country that follows ICC decisions.
justin66
a year ago
> Did they really think that when they talk Hebrew to their audience, rest of the world does not hear them.
When it comes to US public opinion, that's normally the way it works.
PaulHoule
a year ago
Thanks to our media and politicians.
user
a year ago
bbqfog
a year ago
[flagged]
magic_hamster
a year ago
Israel was massively radicalized by October 7th. Prior to October 7th, a lot of Israelis believed that if Palestinians had a better economy and could afford a comfortable life, peace would be possible. October 7th was not just a surprise to many Israelis, but also the atrocities were so horrible that it radically changed how Israelis view the situation. This is hard to grasp, but a lot of people don't really understand what happened on October 7th, because this was stuff was obviously not shown on mainstream media.
The entire situation is very tragic. But ultimately, October 7th killed any chance for peace between Israel and the Palestinians, for a long long time. The current population in Israel will never forget October 7th, there are some seriously cannot-be-unseen NSFL atrocities.
burkaman
a year ago
I don't necessarily think you're wrong, but drawing any conclusions from random people on Twitter seems like a mistake. They might not be human, they might not be Israeli, and they might not be representative of Israel's 9 million people. I wouldn't want anybody to judge me based on how English-speaking Twitter accounts behave.
justin66
a year ago
In fairness to Israel, they have a peace movement and human rights movement and so on. It’s just that even before October 7th, they were getting increasingly outnumbered.
lotsofpulp
a year ago
[flagged]
dotancohen
a year ago
[flagged]
bjoli
a year ago
[flagged]
WJW
a year ago
[flagged]
MrMcCall
a year ago
[flagged]
oort-cloud9
a year ago
[dead]
LightBug1
a year ago
[flagged]
that_guy_iain
a year ago
[flagged]
vladgur
a year ago
[flagged]
that_guy_iain
a year ago
> We will target all of Hamas's positions. We will turn Gaza into a deserted island.
The fact, the Gaza part is a separate sentence is telling.
https://www.aljazeera.com/news/2023/10/7/world-is-watching-f...
> You have an opportunity to save Lebanon before it falls into the abyss of a long war that will lead to destruction and suffering like we see in Gaza.
Is what he said to Lebanon, where he threatened to do similar things to another country.
YZF
a year ago
[flagged]
aguaviva
a year ago
The war is against Hamas not against Palestinians
Of course it's not against the Palestinians, per se.
It's a war against their continued presence on portions of Greater Israel that his party and his people would like to further colonize.
There's also the current operation involving his former "asset" and strategic partner, Hamas. With whom it seems he's had a falling out of sorts, and as a result, his people got massacred. But that's just a sideshow against the backdrop of this far broader, deeper, decades-long conflict.
YZF
a year ago
[flagged]
geysersam
a year ago
It's not serious to dismiss the allegations by just saying
> If Israel had intended to not supply any food or water to the Palestinians [...] the bottom line is they did not do so.
because several heavyweight international humanitarian organizations say that they did.
Even the US government implies this when they tell Israel to open border crossings or get cut off from military aid.
YZF
a year ago
It's not serious to suggest that Israel did not supply any food or water to the Palestinians when in fact it supplied plenty. Why didn't Egypt supply food and water to the Palestinians? (Before Israel took the border corridor).
What other war can you provide me as an example where a the opposing side provided supplies to its enemy? Does Russia supply Ukraine with food and water? Does Ukraine supply Russia? Did the allies supply the citizens of the Islamic State with food and water? Yes- The Gazans depended on Israel in many ways before they started this war, most of them by their own choice. Did the Germans deliver food and water to the UK during WW-II? Do the Turkish give the Kurds food and water as they bomb them? If the government of Gaza, Hamas, has stocks of food and water, and it does not disburse those to the population, and even steals aid from the population, why is this Israel's problem?
Those organizations you're referring to are anti-Israeli and their statements are political.
The US, who has closer knowledge of what's going on on the ground, says Israel has not committed war crimes.
raxxorraxor
a year ago
[flagged]