NGOs Reveal Politicized Agenda in Responses to ICC Warrants

On May 20, 2024, Prosecutor of the International Criminal Court (ICC) Karim Khan announced that he was seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant, alongside three Hamas leaders. 

International, Palestinian, and Israeli NGOs celebrated the decision, demonizing Israel with allegations of “apartheid” and “crimes against humanity.” Confirming the politicized nature of their ICC campaign, these reactions overwhelmingly singled out Israel as targets for prosecution and downplayed the culpability of the named Hamas officials.

For over a decade, these same NGOs have pushed the ICC to investigate, indict, and arrest Israeli officials. This includes NGOs linked to the Popular Front for the Liberation of Palestine (PFLP) terrorist organization, groups that deny Israel’s right to exist as a Jewish state, and BDS supporters.

NGO Reactions International NGOs Amnesty International On May 21, 2024, Amnesty published a statement titled, “Israel/OPT: ICC applications for arrest warrants for Netanyahu, Sinwar and other senior Israeli and Hamas officials crucial step towards justice.” According to the statement, “Amnesty International has long called for the ICC’s Prosecutor to take immediate concrete action to expedite the investigation opened in March 2021, with regard to potential crimes under the Rome Statute of the ICC committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem.” On May 21, Amnesty Secretary General Agnes Callamard tweeted, “No one is above international law: no leaders of armed groups, no government officials – elected or not, no military officials. Regardless of the cause they are pursuing, no one is above the law. … All states must respect the legitimacy of the court, they must refrain from any attempts to intimidate or pressure the court to allow the judges to conduct their work with full independence and impartiality.”  On May 21, Callamard tweeted, “ICC Prosecutor Karim A.A. Khan KC has issues (sic) Applications for arrest warrants in the situation in the State of Palestine.  Lets hope these applications are granted as soon as possible.” Human Rights Watch On May 20, HRW published a statement claiming, “Karim Khan’s decision to seek arrest warrants for five people for grave international crimes committed in Israel and Palestine since October 7 in the face of pressure from US lawmakers and others reaffirms the crucial role of the International Criminal Court….ICC member countries should stand ready to resolutely protect the ICC’s independence as hostile pressure is likely to increase while the ICC judges consider Khan’s request.” On May 20, HRW Israel/Palestine Director Omar Shakir tweeted, “The mark of shame belongs to you,@netanyahu. The moral outrage would be to allow those responsible for atrocities, unlawful killings & apartheid not to answer for their actions. No more.” On May 20, HRW Program Director Sari Bashi tweeted, “2007 was the first time Israeli authorities acknowledged deliberately depriving civilians in Gaza of basic goods including food. No one intervened & the policy got worse, graduating to starvation as a weapon of war. May today’s ICC statement set in motion, finally, accountability.” FIDH: International Federation of Human Rights (funded by European Union, France, Ireland, Switzerland, Sweden) On May 20, FIDH published a statement “welcom[ing] the ICC Prosecutor’s historic requests for arrest warrants in the Palestine situation.” According to FIDH, “The ICC must take into account this long documented history of human rights violations within the context of its investigation and prosecution. Many crimes fall within the Court’s jurisdiction: crimes committed in the Occupied Palestinian Territory since 2014.” Samidoun On May 20, Samidoun published a statement affirming, “Let us be clear: There is no equation to be made between the legitimate resistance of the Palestinian people and its leadership, including Yahya Sinwar, Mohammed Deif and Ismail Haniyeh, and the illegitimate Zionist colonizer. The attempt to equate victim and perpetrator is a fundamental injustice, not the pursuit of long-denied justice…The choice to seek warrants against Netanyahu and Gallant, while not against Gantz, Eisenkot, Ben-Gvir, Herzog and other war criminals, also indicates its bias toward appeasing the political leadership of imperialist powers….The ICC has served for too long as a weapon of colonialism rather than a tribunal of justice. We trust the revolutionary justice of the victorious Palestinian people…. Zionism will be defeated, and from the river to the sea, Palestine will be free.” On May 20, Samidoun tweeted, “We stand with all justice-seeking people in the world in welcoming all efforts to prosecute the Zionist war criminals, including but not limited to Benjamin Netanyahu and Yoav Gallant, in international courts. However, we refuse to equate the colonizer and the colonized.”  ActionAid On May 20, ActionAid published a statement, “Welcom[ing] ICC’s Steps Towards Accountability and Justice.” According to the statement, “There continue to be severe breaches of international humanitarian law across the West Bank, and we urge the international community to begin the process of accountability and justice for the millions of Palestinians living under this illegal and brutal occupation.” Palestinian NGOs Addameer (Funded by the Spain, Ireland, Switzerland) On May 22, Addameer published a statement “welcom[ing] the decision of the ICC Prosecutor’s Office; however, substantial efforts are still required to achieve comprehensive justice and hold Israeli officials fully accountable for their crimes.” Al Mezan (Funded by Sweden, EU, Netherlands) On May 20, Al Mezan, Al-Haq, and PCHR published a statement titled, “Netanyahu and Gallant Charged with International Crimes of Extermination, Persecution and Starvation in the Situation in Palestine.” According to the statement, “While we welcome the issuing of charges for crimes against humanity, there is also a public catalogue of genocidal statements of intent to destroy Palestinians in Gaza, including through the intentional denial of aid. For these reasons, genocide as an additional crime should be included in an amendment to the charges… For the last nine years, our organisations have submitted numerous communications to the ICC….” On May 20, Al Mezan tweeted, “On the 227th day of Israel’s genocide in Gaza, the ICC Prosecutor filed arrest warrants against Israeli leaders. This landmark move is a crucial step towards justice & accountability. We welcome this development & urge swift action by Pre-Trial Chamber I.” On May 20, Al Mezan tweeted, “We welcome this landmark announcement charging Israel’s Prime Minister and Minister of Defence with international crimes under the Rome Statute, including the war crime of starvation & crimes against humanity of extermination and persecution.”  Al-Haq (Funded by Sweden, Germany, France, Denmark, UN agencies) On May 20, Al Mezan, Al-Haq, and PCHR published a statement titled, “Netanyahu and Gallant Charged with International Crimes of Extermination, Persecution and Starvation in the Situation in Palestine.” According to the statement, “While we welcome the issuing of charges for crimes against humanity, there is also a public catalogue of genocidal statements of intent to destroy Palestinians in Gaza, including through the intentional denial of aid. For these reasons, genocide as an additional crime should be included in an amendment to the charges… For the last nine years, our organisations have submitted numerous communications to the ICC….” BADIL (Funded by Sweden, Spain, Germany) On May 22, BADIL posted an infographic on Instagram captioned “6 reasons why the ICC prosecutor’s recent application for warrants is selective and politically motivated.” Reasons listed include, “Partial in its territorial jurisdiction: ignoring Israeli crimes in the West Bank….Limited context disregarding 76 years of Ongoing Nakba and the root causes of the conflict: colonization, apartheid and population transfer.” Palestinian Centre for Human Rights (Funded by European Union, Switzerland, Ireland, Norway, Spain) On May 20, Al Mezan, Al-Haq, and PCHR published a statement titled, “Netanyahu and Gallant Charged with International Crimes of Extermination, Persecution and Starvation in the Situation in Palestine.” According to the statement, “While we welcome the issuing of charges for crimes against humanity, there is also a public catalogue of genocidal statements of intent to destroy Palestinians in Gaza, including through the intentional denial of aid. For these reasons, genocide as an additional crime should be included in an amendment to the charges… For the last nine years, our organisations have submitted numerous communications to the ICC….” On May 20, PCHR tweeted a statement by PCHR Director Raji Sourani who claimed, “The Prosecutor’s application for arrest warrants for the Israeli Prime Minister and Minister of Defense is an important step towards accountability for the commission of serious international crimes under the Rome Statute despite coming after 227 days of live broadcasted #genocide…” Independent Commission for Human Rights (ICHR) (Funded by Denmark, Netherlands and Norway)
On May 22, ICHR posted a statement titled “ICHR welcomes the ICC prosecutor’s  statement on the Request for Issuing Arrest Warrants.” According to the statement, ICHR “regrets that the Prosecutor’s statement did not address the ongoing genocide in the Gaza Strip, war crimes committed before October 7, 2023, and the brutal and harsh treatment of Palestinian prisoners, especially those from the Gaza Strip, it expresses surprise that the decision did not include Israeli military officials who participated in committing these crimes according to articles 25, 27, and 28 of the Rome Statute.” Israeli NGOs B’Tselem (Funded by Switzerland, Spain, Norway, UN agencies)  On May 20, B’Tselem published a statement titled, “The era of impunity for Israeli decision-makers is over.” According to B’Tselem, “The International Criminal Court (ICC) prosecutor’s request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on suspicion of committing war crimes in Gaza signals Israel’s rapid decline into a moral abyss. The international community is signaling to Israel that it can no longer maintain its policy of violence, killing and destruction without accountability.” On May 22, B’Tselem posted on Facebook, “Examining the conduct of the Israeli law enforcement system reveals that where Palestinians are concerned, it does not seek justice, but rather to uphold the values of Israel’s apartheid regime.”  On May 21, B’Tselem posted on Facebook, “Prosecutor Khan’s statement re-enforces our position that the intentional and methodical starvation of the population of Gaza is a war crime. The moral stain, as well as the criminal responsibility created by the Israeli conduct in the last months, cannot be erased.” Public Committee Against Torture in Israel (PCATI) (Funded by European Union, Switzerland, UN agencies) On May 20, PCATI tweeted, “…today the era of immunity for the Israeli leaders ended, when the prosecutor at the Criminal Court in The Hague submitted a request for arrest warrants against the Israeli leaders and Hamas officials…The Attorney General must investigate in particular the serious suspicions of torture currently carried out in the detention camps and prisons in Israel against detainees from Gaza, which are added to the list of war crimes already piled up…We also welcome the prosecutor’s intention to request the issuance of arrest warrants against senior Hamas officials, due to their responsibility for torture and inhumane, cruel and humiliating treatment of the victims of October 7 and the Israeli abductees….” Physicians for Human Rights – Israel (PHR-I) (Funded by United Kingdom, European Union, Switzerland, UN agencies) On May 23, PHR-I tweeted, “ICC prosecutor Karim Khan’s requests to issue arrest warrants against Israeli and Hamas leaders is a sea change moment in promoting accountability for war crimes. The move holds the potential to prevent the continued perpetration of such crimes in the region and worldwide” US NGOs American Muslims for Peace On May 21, AMP tweeted, “The ICC must approve the issuance of arrest warrants to both Prime Minister Netanyahu and Defense Minister Yoav Gallant for their countless crimes in #Gaza. To continue providing them weapons will only further indict the US in the #GazaGenocide.” Center for Constitutional Rights (CCR) (Funded by Tides Foundation, Ford Foundation, and Open Society Foundations) On May 21, CCR published a statement titled, “An Important Step Toward Justice: ICC Seeks Arrest Warrant for Netanyahu.” According to the statement, “President Biden called the move ‘outrageous’ and his administration appears to be aligning itself with extremist members of Congress, who have threatened the ICC Prosecutor with sanctions, saying, ‘Target Israel and we will target you.’ …What is ‘outrageous’ is Israel’s U.S.-enabled, decades-long impunity for war crimes and crimes against humanity against Palestinians, which has emboldened it to carry out its wholesale assault against 2.2 million people in Gaza, while increasing attacks and land-grabs in the West Bank, including East Jerusalem.” CODEPINK (Funded by the Tides Foundation) On May 20, CODEPINK co-founder Madea Benjamin tweeted, “Breaking! ICC warrants issued for Israel’s Prime Minister Netanyahu and Israel’s Defense Minister Yoav Gallant. Join us in Congress to demand our government end complicity on war crimes.” On May 21, CODEPINK posted a graphic of Prime Minister Netanyahu in handcuffs reading, “Send Bibi to the Hague.” Democracy for the Arab World Now (DAWN) (Funded by Rockefeller Brothers Fund, Ford Foundation, and Open Society Foundation) On May 20, DAWN tweeted, “The Prosecutor’s application for arrest warrants for Israeli and Palestinian officials is a milestone in accountability…. The U.S. Congress’ promise to attack the Prosecutor and the ICC will be an attack on international justice and the rule of law.” On May 20, DAWN tweeted a statement by DAWN Director of Research for Israel-Palestine Mike Omer-Man who claimed, “The only surprising thing about the arrest warrant applications filed today is that it took so long considering how clearly Israeli officials explained their policy of starvation in real time.” On May 21, DAWN Executive Director Sarah Leah Whitson tweeted, “Efforts to retaliate against the @IntlCrimCourt are themselves a violation of the Rome Statute (Art 70) for which the prosecutor can bring charges and sentence offenders for up to 5 years, and urge other states to criminally prosecute them.” On May 21, Whitson tweeted,”It bears noting that the Prosecutor’s request for ICC arrest warrants is a milestone in international justice. It is the product of the work of hundreds of human rights lawyers, activists, and advocates – Palestinian, Israeli and international – over many, many years… Israeli officials may still find a way to evade prosecution, relying on outright violence and persecution of their friends in the US government.” On May 20, DAWN Executive Director Sarah Leah Whitson tweeted, “There’s certainly no quantitative equivalence  between Hamas and Israeli officials in terms of the sheer number of war crimes and crimes against humanity, including humans murdered, homes demolished, hospitals bombarded, journalists executed, aid workers snuffed, land stolen, children starved, men tortured… I could go on and on…” Foundation for Middle East Peace (FMEP)  On May 20, Friedman tweeted, “Cotton (R-AR) threatens sanctions on ICC judge, his associates, & their families, for daring to even try to hold Israel accountable to…the same laws applied to the rest of the world.” IfNotNow (Funded by Rockefeller Brothers Fund, Tides Foundation, and Foundation for Middle East Peace) On May 21, IfNotNow published a statement affirming, “It is deeply shameful that the Biden administration continues to provide the weapons Israel is using to commit these war crimes and crimes against humanity and is undermining the ICC’s credibility as it seeks justice for the mass death, starvation, and forced expulsion in Gaza.” US Campaign for Palestinian Rights (USCPR) (Funded by Rockefeller Brothers Fund) On May 20, USCPR tweeted, “While this further isolates the US & Israel from the rest of the world — it’s important to note the ICC has no enforcement mechanism and relies solely on member states to enforce rulings. Our power to end the genocide in Gaza is to keep fighting for the US to #StopArmingIsrael.” European NGOs Al Quds Association (Funded by Spain) On May 20, Al Quds Association tweeted, “Prosecutor of @CIJ_ICJ International Criminal Court requests arrest warrants against #Netanyahu , his Minister of Defense and Hamas leaders requesting arrest warrants, x war crimes and crimes against humanity #StopArmingIsrael.” International Commission of Jurists (ICJ) (Funded by European Union, Germany, Ireland, United Kingdom, Denmark, Netherland, Norway, Sweden, Switzerland, United States) On May 20, ICJ published a statement titled, “Palestine/ Israel: ICC Prosecutor’s Application for Arrest Warrants Is a Significant Step towards Addressing Impunity in the Gaza Conflict.” According to the statement, “The International Commission of Jurists (ICJ) welcomes the decision of the International Criminal Court (ICC) Prosecutor to apply for arrest warrants against Israeli and Hamas leaders for alleged war crimes and crimes against humanity, including extermination, murder, hostage taking, starvation of civilians as a method of warfare, direct attacks against civilians and persecution.” Lawyers for Palestinian Human Rights (LPHR) On May 20, LPHR published a statement on the “seminal step for legal accountability following the ICC Prosecutor’s application for arrest warrants against Israel and Hamas leadership.” According to the statement, “It is clearly imperative that this issue, which has led to the catastrophic number of killing of civilians in Gaza, is actively pursued by ICC Prosecutor Khan KC and his team.” On May 20, LPHR tweeted, “LPHR strongly welcomes today’s application by the ICC Prosecutor for arrest warrants against Hamas and Israel’s leadership as vital affirmation that the law must not stay silent amidst the perpetration of unspeakable horrors.” Ligue des droits de l’Hommes (LdH) (Funded by Open Society Foundations) On May 20, LDH published a statement “WELCOM[ing] THE REQUEST FOR ARREST WARRANTS REQUESTED BY THE ICC PROSECUTOR FOR WAR CRIMES AND CRIMES AGAINST HUMANITY.” According to LDH, “The LDH welcomes an act demonstrating the autonomy and independence of the prosecutor in the face of the numerous pressures and intimidations suffered by the ICC since its referral.” Palestinian Solidarity Campaign On May 20, PSC published a statement claiming, “Whereas Hamas is proscribed as a terrorist organisation in Britain, the British government actively supports the Israeli government in various ways including through the ongoing export of weapons. This groundbreaking action by the ICC Prosecutor must finally trigger a fundamental shift in the British government’s attitude towards Israel…To refuse to halt arms sales now, when that means putting weapons into the hands of senior Israeli government leaders who stand personally accused of directing war crimes including murder and extermination, intentional attacks against a civilian population, starvation of civilians as a method of warfare, and other crimes against humanity, would be utterly obscene.” On May 20, PSC tweeted, “PSC statement: The British government must act now in response to applications for arrest warrants issued by #ICC prosecutor.” PAX (Funded by the Netherlands and Open Society Institute) On May 20, PAX tweeted, “Chief Prosecutor of the @IntlCrimCourt requests arrest warrants for Hamas leaders, Prime Minister Netanyahu and Defense Minister Gallant. Especially as the host country of the ICC, this must have consequences for the position of NL – in int. law is no place for double standards.” Rights Forum (Funded by Rockefeller Brothers Fund) On May 20, the Rights Forum published a statement affirming, “The Rights Forum welcomes the request of the Chief Prosecutor to the judges of the Criminal Court. We believe that it has been sufficiently clear for years that Israel and militant groups such as Hamas – and also the aforementioned Islamic Jihad, against which there is apparently insufficient evidence – are guilty of war crimes and crimes against humanity to justify arresting those responsible.” Sadaka Ireland On May 21, Sadaka tweeted, “The genocide goes on. @IntlCrimCourt #IsraeliCrimes #FreePalestine.” On May 20, Sadaka Ireland posted on Facebook, “Netanyahu and Gallant are accused of extermination, causing starvation as a method of war, the denial of humanitarian relief supplies and deliberately targeting civilians. Israeli president and foreign minister say it is ‘scandalous’ The death of so many Palestinian citizens and your continued plotting, planning, maiming and killing  is the real scandal.”  Viva Salud (Funded by Belgium) On May 21, Viva Salud tweeted, “While the Prosecutor of the International Criminal Court seeks arrest warrants for war crimes and crimes against humanity, Israel is shelling one of Gaza’s last lifelines.”