Thread by @JohnBraverman

I would like to address the ICC warrants against PM Netanyahu and former MoD Galant, but I can't. The contents are secret, which means we only know what they’re being accused of – not the facts of the accusation. The charges themselves are very severe, though. (1/30)

They’re accused of the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.[1] (2/30)

Disregarding the fact it is insane in my view that the principle of complementarity is being ignored and the Israeli authorities aren't even given an opportunity to pursue internal processes (an argument I won’t get into because it bores _me_ and I’m an actual lawyer) - (3/30)

I think the warrants are an error in policy. The reason for this is simple: from my personal knowledge of the facts and in my perspective, if the Israeli conduct of hostilities in Gaza is a crime against humanity or consists of a series of war crimes, (4/30)

it is not because Israel is deliberately acting out to enact wanton revenge on anyone that sounds Arab. It’s because the IHL community has arrogantly, and erroneously, decided to raise the moral standard and bar for conduct so high, (5/30)

that it de facto outlaws the ability of nations to wage warfare against non-nation states. This is a heavy claim, so I’m going to do some heavy lifting to explain why I think that. (6/30)

The accusations against Netanyahu and Gallant are based on the ICC’s prosecutor’s investigation, which sounds factual, but really isn’t. The investigation relies almost exclusively on Palestinian sources or UN sources – which sounds impressive, (7/30)

until you realize these UN sources are UNRWA and UNHCR – an organization which has been proven to be directly linked to Hamas[2] and an organization with a standing item to discuss Israel as part of its agenda [item 7, if you care to look], respectively. In fact, (8/30)

the prosecutor cancelled a planned visit to Israel *on the very same day he announced he’s seeking arrest warrants.*[4] The reason for the one-sided image is not only bias from this particular prosecutor, though. It’s primarily because Israel, as a matter of law, (9/30)

does not recognize the ICC’s authority and therefore does not feel compelled to cooperate with the prosecutor, and because as a matter of foreign policy, (10/30)

it believes the correct and proper course of action for the ICC prosecutor is to go to touch grass – a view shared by the US, China, India and Russia.[5](11/30)

The court’s factual findings are therefore predicated on the assumption that _if Palestinian sources_ are to be believed – there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects (12/30)

indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024. That is a load-bearing “If". (13/30)

In non-legal speak: The Prime Minister of Israel and Minister of Defense of Israel are being accused that according to Palestinian sources, they did not provide sufficient humanitarian aid to the civilian population of Gaza; a territory actively involved in a prolonged (14/30)

urban war with_; which was controlled by a terrorist organization that deliberately hid in civilian population centers and dug underground infrastructure dedicated to fight of Israel; an organization that routinely and as a matter of strategic choice (15/30)

deliberately stole the aid that was delivered to the people of Gaza at gun point.[6] Facts of which there is no mention in the press release accompanying the warrant. (16/30)

Even if you believe that Israel’s intent was to make life in Gaza difficult (which is an allegation that requires a lot of proof given that Israel’s stated and clear intent is to wage war and stop the rocket fire _which is still going on even as I’m writing this thread_) (17/30)

and even if you believe the Israelis went into Gaza with reckless abandon - to say that starvation was used as a tactic of war *when the side we’re fighting is actively looting it and preventing it from their own civilians* is a baffling claim to make, to say the least. (18/30)

If you intend to use starvation as a weapon of war, you do not bother endangering the logistical supply chain involved in food distribution. If you intend to cause mass deaths by famine - the existence of which is itself an accusation that remains to be proven - (19/30)

you do not open up border crossings that allows hundreds of trucks to travel to designated humanitarian zones where they are relatively safer. (20/30)

If you intend to commit a crime against humanity, you do not risk your entire government over having your army distribute aid in direct contravention of that crime.[7]
I can deconstruct the rest of the allegations, but the methodology is pretty much the same. (21/30)

I really do hope the IHL community understands that this isn’t a tactical victory for the Rome Statute. It’s a strategic defeat for the adherence to the principles of proper conduct of hostilities, and a negative incentive to follow the rules. (22/30)

If Israel’s leadership really is as bad you claim – the arrest warrant won’t provide a deterrence against future breaches of law. It’s proof that no matter what they do, it will never be enough, so they might as well go down swinging. (23/30)

The reason I’m confident this won’t happen is because for all their flaws, the people prosecuting this war against Gaza from the Israeli side are committed to the principles of IHL. Not because they think that rules should be followed regardless of what they are, (24/30)

but because fundamentally, the idea of placing limitations of what we can do to each other in conflict is a good idea. The problem is that like most things regarding humanity, good ideas and noble intentions are worthless if they’re executed by people acting in bad faith. (27/30)

[1] icc-cpi.int/news/situation…
[2] govextra.gov.il/unrwa/unrwa/
[3] unwatch.org/database/probl…
[4] israelnationalnews.com/news/392603
(28/30)

[5] nytimes.com/2024/11/21/wor…
[6] timesofisrael.com/un-says-nearly… jns.org/hamas-makes-ha… (29/30)

[7] . I’m aware this is past the May facts alleged in the warrant. If the ICC can ignore reality, so can I. (30).timesofisrael.com/pm-said-to-tel…