An Islamist cursing out Jews in London (Video Clip)

ICC's Arrest Warrants Against Israel: A Deeply Biased Islamist Assault

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Jay Engelmayer
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Yesterday’s announcement that the International Criminal Court (ICC) Chief Prosecutor Karim Khan filed arrest warrants is an outrageous and unprecedented assault on the State of Israel, masterminded by Islamists who detest Israel's very existence. This is not a mere allegation but an irrefutable fact underscored by blatant evidence.

The United Nations and many global governing bodies, including the ICJ and ICC, are notoriously biased against Israel. The UN’s Human Rights Council has a permanent agenda item focusing exclusively on Israel, while turning a blind eye to blatant human rights violators like Iran, North Korea, and Venezuela. A quick glance at court or UN filings exposes that Israel is disproportionately targeted, a direct result of Islamist infiltration within these organizations.

Khan’s application for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant was a shocking yet anticipated move. This request, brewing since Hamas's genocidal assault on October 7th, is a staggering injustice. The attack, marked by sheer barbarity and a complete disregard for humanity, led to the brutal slaughter of approximately 1,200 Israelis and foreign nationals, left around 5,000 injured, and saw over 250 taken hostage. Most of these casualties and hostages were innocent civilians, including children and young women.

Since that horrific day, anti-Israel activists and pundits have launched relentless campaigns against the Jewish State. Calls for war crimes charges against Israel’s leaders emerged even before Israel set foot in Gaza. The most astonishing part of the announcement was the inclusion of Hamas leaders Yahya Sinwar, Muhammad Deif, and political leader Ismail Haniyeh, who resides comfortably in Qatar.

On October 7th, it was evident that everything had been premeditated as protests against Israel erupted worldwide, with thousands taking to the streets, cheering the attacks, and calling for Israel to be restrained. Hamas and its global affiliates, like the Council on American-Islamic Relations (CAIR) and The Muslim Association of Britain (MAB), all connected through the Islamist Muslim Brotherhood, coordinated this response. This assertion is backed by the pre-prepared placards, banners, and pins supporting Hamas’ attacks and urging Western states to pressure Israel. Not a single one demanded the return of hostages, and several even denied the rapes and beheadings, despite the gruesome video evidence uploaded by Hamas boasting about their atrocities.

The inclusion of Hamas leaders in the charges was an unexpected twist, driven by immense pressure on ICC prosecutor Karim Khan from numerous American and European officials, attempting to prevent this politically motivated action. The charges against Hamas are nothing more than a superficial ploy to pacify critics while attempting to prosecute the leaders of a sovereign nation defending itself against a universally recognized terrorist group. Hamas, lacking legitimate international recognition, will undoubtedly ignore any warrants, while Israel might face coercive pressure from its allies to comply, despite not being an ICC member.

Khan's move is not just political; it is deeply rooted in religious animosity. The irrefutable proof lies in a letter signed by over 600 attorneys, led by two lawyers notorious for their vitriolic hatred of Israel and unwavering support for Hamas. A deep dive into the signatories of this letter, which urged the prosecution of Israeli leaders for war crimes and genocide, reveals an overwhelming anti-Israel bias, if not outright Islamist zealotry.

To call them merely anti-Israel understates their intentions; they are Islamist extremists—advocates of Islamic fundamentalism, pushing for the dominance of Islamic law in politics and society, often through conversion or subjugation. Many extremists interpret the Quran and Hadith as identifying Jews as Islam's mortal enemy, whose eradication or subjugation is necessary for Islam's triumph.

The principal lawyers who pressured Khan into this request are individuals who, from the outset, justified the October 7th massacre as legally warranted, denying Israel's right to self-defense in Gaza. One of these leaders, Khaled al-Shouli, publicly stated on October 8th that Hamas's attack was justified under international law, blatantly ignoring Israel's complete withdrawal from Gaza in 2005. Another leader, Abdelmajid Mrari, a French-Algerian, has often praised Hamas as a “resistance movement.” These lawyers are at the forefront of a global group of over 600 attorneys, primarily Muslim, who have submitted purported evidence to the ICC regarding the current conflict.

The campaign to accuse Israeli leaders of war crimes began almost immediately after Hamas's gruesome assault, which included rape, torture, beheadings, and immolation. The initial request was filed on November 14th, just over a month after Hamas's attack and two weeks after Israel's ground offensive aimed at eradicating the terrorist group. On the same day the request was filed, Mrari falsely claimed that under Article 51 of the UN Charter, Israel had no right to defend itself against Hamas, again disregarding the 2005 Gaza pullout.

Mrari's extremist views are well-documented. Last year, he filed a lawsuit with the ICC demanding the lifting of Israel's so-called "siege" of Gaza on behalf of eight Palestinian politicians led by senior Hamas official Ahmad Bahar, who in 2012, publicly prayed for the annihilation of Jews and their allies. Mrari has consistently referred to Hamas as a "resistance movement" and regularly appears on Hezbollah's propaganda outlet, Al Mayadeen, to denounce Israel and Jews.

Al-Shouli, another key figure, has a history of legal battles in Europe defending Hamas. He led efforts to remove Hamas's EU designation as a terrorist group, briefly succeeding in 2014 before the decision was overturned on appeal. In an October 8 interview, Al-Shouli justified Hamas's massacre as a legitimate reaction under international law.

Karim Khan, the ICC's Chief Prosecutor, carries his own baggage. A staunch defender of Liberian dictator Charles Taylor, Khan openly aligns with the Ahmadiyya Muslim Community and often quotes the Quran in his legal work. While generally seen as fair-minded and moderate, his actions and affiliations raise questions. Despite his attempts to maintain impartiality, Khan’s announcement on X (formerly Twitter) prioritized Netanyahu and Gallant while downplaying the charges against Hamas leaders. In his filing, Khan provocatively referred to Palestine as a state and Israel as a territory, undermining Israel's sovereignty while granting unwarranted legitimacy to Palestine.

Granted, Khan’s charges against Hamas’ Sinwar, Haniyah and Deif are far more damning than the charges leveled against Netanyahu and Gallant. However, with the wealth of evidence showing that Israel has not only allowed in humanitarian aid to the Strip but that Hamas and other militant groups have seized control over the bulk of the shipments, the key basis for Khan’s charges appears unfounded. Video evidence showing Hamas operatives selling the humanitarian aid in Gaza markets is undeniable - and Israel’s compliance with international agencies and State actors like the United States in proving how many trucks are coming through each day should be enough to negate these charges. Adding in the simple fact that Israel expanded the Erez crossing, meant solely for humans to traverse, into a crossing that can accommodate humanitarian trucks, and it is obvious Israel has gone above and beyond despite legally not being required to literally feed those who waged war on Israeli civilians.

Another thing the charge sheet neglects is that a key artery for humanitarian aid, the Kerem Shalom crossing in the Southeast of Gaza has been under constant bombardment by rockets from Gaza. Soldiers have been killed, many more injured, and yet the flow of aid continues - albeit at times, delayed due to repair work or when there are imminent threats to safety.

The mere fact that these charges were levied at Israel not even one day after Hamas launched their assault proves that this blatant assault on Israel's leadership is not merely a legal maneuver; it is an orchestrated campaign of religiously motivated lawfare, designed to undermine the Jewish State and embolden its enemies.

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