Ceasefire Resolutions And The Netanyahu Arrest Warrant: Lawfare On Steroids

It is ironic that just when so many American voters have expressed their revulsion at Democrat efforts domestically to take Donald Trump down through lawfare – the use of legal systems rather than the political process to damage or delegitimize an opponent – international lawfare aimed at Israel seems to be resurging with a vengeance. So, kudos to President Biden for timely interventions in the Gaza ceasefire and International Criminal Court Netanyahu arrest warrant, even as some have questioned whether he would feel free to slam Israel in his remaining days in office as his former boss, President Barack Obama, did in December 2016.

It will be recalled that during that presidential transition period from Obama to Trump, the U.S. shamefully abstained in the vote on the infamous UN Security Council resolution 2334 which asserted that Israel’s presence in Judea, Samaria and eastern Jerusalem violated international law. The absence of a U.S. “No” vote – which would have vetoed the measure under UN rules – allowed the measure to pass.

However, last week the U.S. did veto a UN Security Council Resolution demanding an immediate ceasefire to the war in Gaza. Of course, an immediate ceasefire would give Hamas a lifeline and thwart Israel’s goal of eliminating Hamas as a player in Gaza. So, the veto is a good thing even if the reason given for it is somewhat of a disappointing slim reed.

As reported by The New York Times, the United States vetoed the resolution because it did not make the ceasefire contingent on the release of the hostages held in Gaza. Thus, while the resolution calls for the release of all hostages, the wording suggests that their release would come only after the ceasefire was implemented: “[The resolution] demands an immediate, unconditional and permanent cease-fire to be respected by all parties, and further reiterates its demand for the immediate and unconditional release of all hostages.”

But why didn’t the U.S. cite the resolution’s refusal to call on Hamas, as the perpetrator of October 7, to unilaterally lay down their arms. Indeed, lost in all of the discussions is the fact that it has long been the policy of the U.S. – even in the Biden Administration – that any Palestinian state would have to be a demilitarized one.

And then there was the issuance of those arrest warrants by the ICC against Netanyahu and other senior Israeli officials over alleged war crimes of genocide and using starvation of civilians as a weapon of war. The Biden administration was clear that a courtroom was not the place to address the conflict between Israel and the Palestinian given its essentially political essence, albeit, international.

President Biden called the ICC arrest warrants “outrageous” and said “Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security.” The White House said further, “We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter.”

Without doubt, these are welcome and helpful comments, but as with the resolution veto, the Biden response overall falls short. As the Wall Street Journal reported, the Republican House passed a bipartisan bill months ago when the ICC raised issue of indictments to sanction the ICC. Sen. Majority Leader Chuck Schumer, reportedly on the directions from President Biden, has held up the bill in the Senate.

In fact, the ICC is plainly seeking to impose its view as to how Israel can defend itself against an enemy that steals food which Israel provides to Gazan civilians and embeds itself in civilian areas. Yet by all accounts Israel has gone to unprecedented lengths in modern warfare to provide food and avoid injury to civilians.

Thus, the ICC tactics are akin to those who waged lawfare against Donald Trump. As the Wall Street Journal notes, it too has twisted the law and facts to make its case against Israel. It has ignored critical legal issues of jurisdiction, conjured up a state of Palestine and determined it borders and recognized the Palestinian Authority as its government despite Hamas controlling Gaza since 2007.

We welcome the heads-up from Rep. Mike Waltz, President-Elect Trump’s pick for national security adviser, that more robust policies to rein in the UN and the ICC are coming. But we also welcome President Biden’s apparent decision to distance himself from the Obama anti-Israel venom.