The tens of thousands of Palestinian lives lost and vast devastation wreaked by the Gaza war has stripped away total impunity enjoyed by Israel for 75 years. This sacrosanct advantage over all Israel's enemies has been sacrificed by its longest serving prime minister, Binyamin Netanyahu. He has waged the war to ensure right-wing hardliners remain in his fragile coalition. Unfortunately for him, the Gaza war has been live streamed on global satellite television channels since it began on October 7, 2023. The shock to pro-Israel governments and global public opinion has been eroded by Netanyahu’s Gaza war which has slain 57,000 Palestinians and rendered homeless more than 90 per cent of Gaza's 2.3 million Palestinians.

 

Among the Israeli organisations to pronounce on the country's compromised impunity was B'Tselem in May 2024. B'Tselem identified this shift while commenting on the International Criminal Court (ICC) prosecutor's request that for warrants for Netanyahu and Defence Minister Yoav Gallant on allegations of war crimes and crimes against humanity. The ICC's Pre-Trial Chamber found that Netanyahu and Gallant "bear criminal responsibility for the following crimes as co-perpetrators for committing the crimes with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts." An ICC warrant for Hamas commander Mohammed Deif was nullified by his assassination by Israel which also killed Hamas politburo member Ismail Haniyeh and other top figures.

 

B'Tselem stated, "The international community is signalling to Israel that it can no longer maintain its policy of violence, killing and destruction without accountability." B'Tselem called on "the international community to act urgently to bring about a ceasefire and a deal for the release of all the hostages, in order to stop the bloodshed and humanitarian catastrophe."

 

As of June this year, the ICC had 125 member states, including the European Union, Britain and the State of Palestine. Member states are obliged to cooperate fully with the ICC while non-member states can be asked to cooperate with the ICC and could volunteer to do so. This means that Netanyahu and Gallant could be arrested if they enter any ICC member states. While some – Poland for one - might be reluctant to meet their ICC obligations, Britain's cabinet spokesman responded to the warrants by saying, "The government would fulfil its obligations under the act [establishing the court] and indeed its legal obligations." British legislation on the ICC stipulates that the country's courts would take the decision on arrest and "delivery" of an accused figure. The risks engendered by the ICC warrants have dramatically curbed Netanyahu's and Gallant's freedom to travel to ICC member state territory. If either Netanyahu or Gallant were detained by an ICC member state, they could be extradited to The Hague in the Netherlands for detention and trial before an ICC panel of judges.

 

The US has flatly rejected the ICC and demands that its allies oppose ICC actions against the US, Israel, or any other ally of the US which has not submitted to its jurisdiction. The US has imposed travel and financial sanctions on ICC prosecutors and judges.

 

Feeling safe, Netanyahu travels often to the US where he is welcomed by the White House and Congress. This week he made his third visit this year for discussions with Donald Trump with whom the Israel leader has a complicated, sometimes testy relationship. Trump has made it clear he wants a ceasefire and an end to Netanyahu's war on Gaza at a time ne is under considerable popular pressure in Israel to stop the bombing, withdraw from Gaza, and retrieve Israel's hostages.

 

Israel's precious impunity has been shattered by Netanyahu's Gaza war which he has continued to wage for a personal purpose. He argues that as long as he is waging war on Gaza, he should not appear at his ongoing trial for bribery, corruption and breach of trust. He managed to postpone his cross examination until June 3rd of this year when he was compelled to appear. On June 26th, Trump argued Netanyahu’s trial should be cancelled immediately or that he should be given a pardon as he has "done so much for the state." Trump's intervention did not compel the Jerusalem court to accept Netanyahu’s request for further delay. If accepted, Netanyahu, like Israel itself before its war on Gaza, could gain domestic impunity but could continue to face ICC international warrants for his arrest for war crimes and crimes against humanity.

 

Impunity has promoted Israel's arrogant belief that, as a country, it cannot be held accountable for its policies and actions and is above the law. Israel has relied on "victimhood" - the World War II Jewish Holocaust - to evade and excuse Israeli violations of laws governing warfare, occupation, and human rights. Many governments, organisations, and peoples around the world now accuse Israel of genocide and insist that Israel be held accountable for its behaviour. The US and the West, which reject this accusation, cannot protect Israel forever.