According to Israeli and international sources, the International Criminal Court (ICC) prosecutor is considering the issuance of warrants against Israeli and Hamas leaders based on the Hamas attack of Oct. 7 and Israel’s response. Rep. Rashida Tlaib (D-Mich.) has demanded the arrest of Israeli Prime Minister Benjamin Netanyahu for genocide.
But there is a problem: The ICC is precluded by the treaty that created it from investigating any individual from a state that is willing and able to conduct a genuine investigation of that person. Israel is conducting ongoing investigations of alleged war crimes and will continue to do so.
One of the central tenets of the rule of law is that courts must comply with the limits on their jurisdiction imposed by the authorities that created them. The International Criminal Court is the creation of the Rome Statute , which severely limited its jurisdiction by the rule of complementarity. This […]
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