Israel’s Strategy Against ICC Arrest Warrants

The arrest warrants issued by the International Criminal Court (ICC) against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant represent a significant escalation in the lawfare campaigns waged against Israel. These charges, widely perceived in Israel as politically motivated and biased, demand a calculated and robust response both internationally and domestically.
The ICC’s actions, equating Israeli leaders with Hamas commanders, reflect a longstanding anti-Israel sentiment within the institution. Despite abundant evidence of Hamas’s deliberate targeting of civilians and other war crimes, the ICC has repeatedly failed to hold its leaders accountable. Instead, its attention has disproportionately focused on Israel, ignoring the complexities of the conflict and the self-defense imperatives faced by a democratic state under siege.
This apparent bias underscores why Israel cannot afford to cooperate with the ICC’s proceedings. Engagement risks legitimizing flawed processes and further entrenching narratives that undermine Israel’s international standing.
To counter the ICC’s actions, Israel must pursue an aggressive campaign of delegitimization, akin to its successful fight against the 1975 UN resolution equating Zionism with racism. The government should:
1. Discredit the ICC’s Legitimacy
Israel can produce comprehensive legal documents to systematically refute the prosecutor’s claims and expose the weaknesses in the evidence. These materials should be widely disseminated to allies and international legal scholars to foster skepticism about the ICC’s credibility.
2. Engage with International Allies
Israel should lobby its allies to suspend their membership in the Rome Statute, thereby freeing them from any obligation to detain Israelis. Countries like Hungary have already signaled their unwillingness to enforce the warrants, providing a potential template for others to follow.
3. Sanctions Against ICC Officials
By coordinating with the incoming Trump administration, Israel could support the reimplementation of personal sanctions against ICC prosecutors and judges. During Trump’s first term, similar measures proved effective in limiting the ICC’s actions.
4. Leverage Diplomatic Pressure
Israel should push for legislation in allied nations, akin to Senator Lindsey Graham’s proposal, which would impose economic consequences on countries willing to enforce ICC warrants. Such actions would signal that cooperating with biased proceedings comes with tangible costs.
The ICC operates on the principle of complementarity, intervening only when national judicial systems are unable or unwilling to prosecute alleged crimes. In recent years, attacks on the independence of Israel’s judiciary have inadvertently bolstered the ICC’s rationale for its involvement.
To counter this:
• Reinforce Judicial Independence
Israeli leaders must cease their attacks on the Supreme Court and Attorney-General Gali Baharav-Miara. Demonstrating the judiciary’s independence will weaken the ICC’s justification for its actions.
• Launch a State Commission of Inquiry
A government-led investigation into the October 7 Hamas massacre and subsequent military actions would strengthen Israel’s position, showcasing its commitment to accountability and adherence to the rule of law.

Foreign Minister Gideon Sa’ar’s decision to cancel the visit of Dutch Foreign Minister Caspar Veldkamp over Holland’s statement about enforcing the warrants was a misstep. Rather than retaliating with disengagement, Israel should have used the opportunity to present its case directly to the Dutch government. Such diplomatic outreach could mitigate tensions and potentially sway allies to adopt a more balanced stance.
The ICC’s arrest warrants are not merely legal instruments; they are part of a broader campaign to delegitimize Israel on the global stage. To counter this, Israel must deploy a multi-faceted strategy that combines legal, diplomatic, and economic tools. By decisively challenging the ICC’s actions, Israel can safeguard its sovereignty and protect its leaders from politically motivated persecution.

With a united front at home and abroad, Israel can mount the pressure necessary to ensure the warrants are annulled, reinforcing its position as a nation that upholds justice even amidst the challenges of conflict.