By Jeff Klein and Susan T. Nicholson
It has been a week full of major developments that challenge Israel’s impunity, globally and within the US.
The International Criminal Court (ICC) today issued indictments – and arrest warrants – against Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant for war crimes committed in Gaza. In the US, meanwhile, votes in Congress likely signal the end of unchallenged Democratic Party support for Israel. And at the UN, the US continues to be more isolated than ever in its diplomatic shielding of Israel.
Votes in the Senate Nov. 20 indicate major cracks in bipartisan support for the US unconditionally arming Israel’s assault on Gaza. Vermont Senator Bernie Sanders had proposed six measures as “Joint Resolutions of Disapproval” (JRDs) to block proposed new US weapons transfers to Israel, which, under Senate rules are “privileged” and so cannot be blocked by Senate leadership from coming for a vote. In the end, Sanders attempted to gain the maximum support by moving just three of the resolutions to deny US arms which could be considered offensive in nature: tank and mortar shells, plus components of bombs that have been used to slaughter thousands of civilians in Gaza. President Biden, Secretary Blinken, and Majority Leader Schumer, like the powerful Israel lobbying organization AIPAC, lobbied against the resolutions, claiming implausibly that they amounted to support for Hamas and Hezbollah. Revealingly, JStreet, the more liberal and Democratic-leaning Israel lobbying organization, supported the measures to block the new weapons transfers.
The three JRDs were defeated as expected, but they garnered significant support from Democrats, among them some Senators who have not been on record as critics of US policy toward Israel. The various resolutions got 17, 18 and 19 votes respectively – nearly half of the Senate Democrats — including both Senators from Massachusetts. Elizabeth Warren had announced her support earlier in the week, while Ed Markey’s staff credited strong advocacy from constituents, including from MAPA, which organized a letter signed by 95 Massachusetts organizations and thousands of individuals, delivered to the Senators’ offices Nov. 13 at well-attended standouts at the JFK Federal Building in Boston and at the Springfield Senate offices. Polls have indicated overwhelming support from Democratic voters for an arms embargo against Israel. The effort to block new US weapons transfers was also backed by the 2-million-member Service Employees international Union (SEIU), as well as locally by the influential Boston Teachers Union.
Meanwhile, at the UN, the US used its fourth veto since last year Nov. 20 to block the adoption by a 14-1 vote of the Security Council of a new resolution demanding “an immediate and unconditional ceasefire” in Gaza. The measure was supported by every other member, including US allies and permanent members France and the UK. Repeated votes in the UN General Assembly have also highlighted the extreme isolation of Israel and the US on issues relating to the war in Gaza, the application of international law declaring Israel’s occupation illegal, and upholding the rights to statehood and self-determination for the Palestinians.
In what the New York Times described as “an extraordinary blow to Israel’s global standing” and the Times of Israel called “a bombshell ruling,” the International Court of Justice (ICC) today issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, Israel’s recently resigned Defense Minister.
The arrest warrants had initially been requested by the Chief Prosecutor of the ICC 6 months ago, but were delayed as the Pretrial Chamber of judges took an unusually long period of time to determine whether there were reasonable grounds for issuing the warrants. During this prolonged period, Israel and the US raised strenuous jurisdictional and other objections, causing many to doubt the arrest warrants would ever be issued.
The Pretrial Chamber has now unanimously rejected all of Israel’s objections. The arrest warrants charge Netanyahu and Gallant with the war crime of using starvation as a method of warfare as well as with various crimes against humanity, including intentionally directing attacks against a civilian population.
Regarding the deliberate starvation that so many of us have been concerned about, the Pretrial Chamber found “Despite warnings and appeals made by…the UN Security Council, UN Secretary General, States, and governmental and civil society organizations about the humanitarian situation in Gaza, only minimal humanitarian assistance was authorized.”
Along with arrest warrants for Netanyahu and Gallant, the Chief Prosecutor had originally requested warrants for three top Hamas leaders, two of whom have since been killed by Israel. A warrant was issued for the arrest of the third leader, Muhammad Deif, who may be still alive although Israel says they have killed him.
The ICC indictments are a major blow against Israel’s leaders and their actions in Gaza. Neither the US nor Israel are signatories to the UN treaty which established the ICC, but 124 nations – including many US allies in Europe and elsewhere – are signatories. Under the Rome statute, member nations are obligated to arrest Netanyahu and Gallant should they enter their countries and deliver them to the Hague for trial. It is encouraging that Josep Borrell Fontelles, top EU diplomat, has called for the arrest warrants to be upheld by all EU countries.
We can only hope that the criminal perpetrators, including in the US, may eventually be brought to justice. Whether or not that happens, the judgment of history on Israel and its US enablers will be severe.
Meanwhile, the right’s attack on civil society in the U.S. is gaining momentum. The House this morning narrowly passed HR.9495, the “nonprofit killer bill” which would allow the Treasury Department to remove the nonprofit status of any organization accused of supporting terrorism, without appeal or judicial review and without releasing any evidence. Massachusetts Reps. voted no with most Democrats; the bill is now pending in the Senate.
The struggle to defeat the Israeli genocide, and more broadly, its apartheid and colonial system which is sustained by U.S. support, is now a mainstream effort both in the international community and in U.S. politics. There is no turning back. It now remains for engaged citizens and organizations like MAPA and our many allies to press for accountability and major changes in US policy. Continued genocide in Gaza, ethnic cleaning in the West Bank, and continuing wars in Lebanon and across the Middle East – as well as the defeat of Kamala Harris and the election of Donald Trump — illustrate the consequences if we do not succeed.