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this post was submitted on 20 May 2024
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Putting out arrest warrants on both of them is so smart. It's a way to avoid people claiming they are taking sides or playing favorites or aiding terrorists or being in favor of genocide or whatever. Both leaders are culpable because both the IDF and Hamas have committed atrocities.
It is a politically savvy and ethically correct move. Really nice when those line up.
There's something satisfying about it.
At least the ICC is willing to do the right thing.
We'll see in time. Also not sure much will be done if they are. Remember the warrant for Putin was placed March of 2023. The impact on Russia so far seems about summed up to be "Putin can't attend a D-Day remembrance, and he probably shouldn't go see the Olympics, which he wouldn't"
On the other hand, Israel is not Russia. Netanyahu's vacation options effectively just dwindled to Israel and the US, with no layovers. The Hamas guys are already living as fugitives so not much changes there.
It would be absurd and unjust to issue a warrant for only one of them. This was the right thing to do.
I agree, and I found it interesting that Israeli leaders were not accused of genocide or anything to do with their bombing campaign. Instead, it was the specific war crime of causing starvation due to their interference with humanitarian aid and food delivery. Kind of provides additional context for the US decision to build a floating pier off the Gaza coast.
It's much easier to say that an intentional blockade of food is leading to starvation, and that is a clear war crime. Very simple argument, easier to prove.
Talking about a bombing campaign is more difficult when soldiers are mixed in with the civilians. We may be able to point at the situation and say "that's clearly fucked up", but courts don't work that way. They have to acknowledge that in a war, the army is allowed to destroy the combatants of the enemy. A certain amount of collateral damage in the form of innocent lives lost is allowed by international law. This makes it all much murkier and more difficult to prove what is or is not a genuine war crime. They can't wing it, or guess, or go by what it "looks like", they have to prove it, which again, is difficult.
Starvation and depriving food aid though, very easy to prove.
yeh but in today's age of videos and drones everywhere it should be fairly easy to prove.
before all the AI video lets loose anyways
That is Genocide, the UN tries not to use the general term whenever possible, and instead use the specific method of genocide. That way it's a lot harder to No True Scotsman the issue. but If I remember correctly they also charged Extinction and Murder. Then in the supporting documents they talk about systematic bombing and creation of a famine.
No, genocide is an Article 6 charge. The ICC is perfectly willing to use that term, and in fact has explicitly charged Omar al Bashir with genocide under Article 6.
In contrast, Netanyahu and Hamas leaders are accused under Articles 7 and 8. These articles respectively cover "Crimes against humanity" and "War crimes", but they do not include genocide.
Both Netanyahu and Hamas leaders are accused of "crimes against humanity of murder and extermination" under Article 7.
Netanyahu is also accused of "intentionally using starvation of civilians" under Article 8, whereas Hamas leaders are also accused of "rape and other forms of sexual violence" under Article 8.
There are currently no charges based on the Israeli bombing campaign, but the ICC says this is "actively being investigated."