OPINION - The International Criminal Court ruling on Benjamin Netanyahu diminishes its credibility

The apprehension warrants came astir arsenic the effect of a flawed process. The ICC’s main prosecutor, the beleaguered British lawyer Karim A.A. Khan KC, who is presently being investigated by his ain tribunal for alleged intersexual misconduct (he denies the allegations) acceptable the code erstwhile helium convened a hand-picked “panel of experts” to counsel him connected whether to contented the warrants.

As Lord Macdonald of River Glaven KC, the erstwhile Director of Public Prosecutions, enactment it astatine a Policy Exchange sheet connected the ICC successful September, either the Prosecutor was seeking a rubber-stamp for his determination to inquire for apprehension warrants, oregon helium had outsourced his prosecutorial discretion to outsiders, respective of whom, helium said, were connected grounds beforehand arsenic accusing Israel of assorted planetary crimes. Neither script reflects good connected the ICC arsenic an institution.

The ICC has bypassed Israel’s ain prosecutors, contempt them having a bully way grounds and fierce independence

In issuing the apprehension warrants, the ICC besides bypassed Israel’s ain prosecutors who, nether the Court’s ain founding principles, should person the archetypal changeable astatine investigating and, if necessary, prosecuting specified crimes. Israeli prosecutors person a bully way grounds of investigating the powerful: indeed, Mr Netanyahu is presently connected proceedings connected charges of corruption, which perfectly illustrates their fierce independence.

There was besides the inescapable occupation that the ICC simply lacked jurisdiction implicit Israeli officials. International courts bash not person jurisdiction implicit states unless the second person agreed to it . As was its right, Israel chose to not go a subordinate of the International Criminal Court, and truthful has ne'er agreed connected the Court having jurisdiction implicit Israeli citizens.

The ICC tin besides person jurisdiction if the acts were committed connected the territory of a subordinate state. But portion it claims that the State of Palestine is simply a subordinate of the Court, neither Israel nor galore Western countries, including the United Kingdom, recognise Palestine arsenic a state. Given that lone states tin judge the ICC’s jurisdiction, this represents different fatal flaw successful the Court’s decision.

Leaving speech questions of axenic legality, the ICC's determination to contented apprehension warrants is besides a setback for efforts to bringing astir bid successful Gaza. Almost everyone agrees that the lone mode to unafraid a lasting bid successful the portion is done a negotiated colony of immoderate sort.

But apprehension warrants, the astir inflexible of ineligible instruments, marque it overmuch harder to execute a negotiated bid settlement, not slightest by rallying the ever fractious Israeli nine astir Mr Netanyahu.

And arsenic Sir Daniel Bethlehem KC, the Foreign Office’s erstwhile main ineligible advisor, pointed retired astatine the Policy Exchange event, determination does not look to beryllium a mode for ICC apprehension warrants to beryllium withdrawn erstwhile they are issued, which stands successful opposition to English practice, whereby prosecutors tin bash truthful if it is successful the interests of justice.

With the apprehension warrants hanging implicit him, not lone volition Mr Netanyahu not prosecute with the ICC, but his successors won’t either. There is besides each imaginable that the adjacent American medication sanctions the ICC and perchance immoderate authorities that seeks to enforce the apprehension warrants, frankincense putting the Court connected a precise precarious people implicit which it has small control.

The ICC’s determination to contented apprehension warrants volition not bring the Middle East immoderate person to peace. It may, however, person signed the warrant of its ain demise.

Dr Yuan Yi Zhu is simply a elder chap astatine Policy Exchange and an adjunct prof of planetary relations and planetary instrumentality astatine Leiden University.