There has been a lot of media coverage over a possible ICJ indictment of Israeli Prime Minister Netanyahu (and other senior Israelis) for war crimes. What’s missing is any mention of any Hamas leaders, especially Yihyah Sinwar, for the same crime. I don’t see any reason for an indictment against any Israeli leader. Acting in self-defense is not a crime. But the ICJ may think that Israeli actions were not “proportional”. The entire idea of proportionality as a legal test has never seemed to me to be an acceptable concept when applied to terrorism. I know it may have roots in the biblical would be delighted to trade one of their members for the results achieved by one of their suicide bombers. The legal concept that I think applies in those cases is that the individual or group that hires (influences) someone to commit a murder is guilty on a par with the actual perpetrator.
Killing innocent civilians for a political, religious, or ideological motive is more than simple murder. The real solution to such disputes needs to be something other than a tit for tat exchange of lives. The ICJ also needs to be something other than just another forum for airing political (or religious or ideological) accusations.
