What it is about
Irwin Cotler, a distinguished former Canadian justice minister and attorney general, has openly criticized the decision made by International Criminal Court (ICC) Prosecutor Karim Khan to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Cotler argues that the prosecutor is engaging in double standards by targeting Israel.
Why it matters
This unprecedented move alienates Israel and disregards the fundamental principle of “complementarity,” which reserves the ICC as a court of last resort. Countries with a robust legal system like Israel should be allowed to address allegations internally.
Driving the news
In an in-depth interview with The Times of Israel, Cotler criticized Khan for claims that Israel is using starvation as a weapon in Gaza and committing willful killings. Cotler underscored that these charges lack a strong foundation and degrade Israel’s willingness to cooperate with the ICC.
What they are saying
“The application for arrest warrants against Israeli leaders and the Hamas leaders is a false moral and legal equivalence,” said Cotler. He aligned with US President Joe Biden in condemning this comparison as “outrageous.”
Cotler’s Credentials
Cotler is no novice in the realm of international law. He was a key figure in the establishment of the ICC and brought crucial legislation like the War Crimes and Crimes Against Humanity Act into Canadian law.
The Big Picture
Israel’s Attorney General Gali Baharav-Miara has also critiqued Khan for disregarding Israeli judicial processes. The ICC should intervene only when a state fails to act, making this pursuit by Khan premature and faulty.
Historical Context
Other major cases have taken significantly longer to issue arrest warrants – such as three years for the Sudanese genocide case and one year for the case against Vladimir Putin. The swiftness in this situation speaks to a double standard.
The Other Side
Interestingly, Khan has opted for cooperation with Venezuela, an authoritarian regime ranked last for judicial independence globally. If Khan can negotiate terms with Venezuela, he has no justification for rejecting cooperation with Israel.
The Path Forward
Given the circumstances, Cotler suggests Israel establish a state commission of inquiry to preempt the charges. Such a move could enforce Article 17 of the Rome Statute, undercutting the ICC’s case.
Final Thoughts
Cotler believes the ICC’s decision undermines the court’s legitimacy. The move to issue arrest warrants harms Israel’s international standing and weaponizes international law, detrimental to the ICC’s intended purpose.
This story was first published on timesofisrael.com.