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Selective Justice and Impunity: Why is the Fugitive Still Free!

By By Abdullah M. Abu Shawesh | PUBLISHED: 28, Nov 2025, 21:02 pm IST | UPDATED: 28, Nov 2025, 22:26 pm IST

Selective Justice and Impunity: Why is the Fugitive Still Free! One year has passed since the International Criminal Court (ICC) issued arrest warrants against the fugitive from international justice, Israeli Prime Minister Benjamin Netanyahu, for alleged war crimes and crimes against humanity committed against the Palestinian civilian population in Gaza, including extermination, murder, starvation as a method of warfare, and intentionally directing attacks against civilians, all in violation of Articles 7 and 8 of the Rome Statute.

Yet Netanyahu continues to move freely, not only within Israel but also in several other countries, a stark reminder of the fragility of the international legal system and its selective application.
 
Before the ICC opened its investigation, some states argued that the Court lacked jurisdiction over Palestine because it was “not a State.” This argument collapsed when, in February 2021, the ICC Pre-Trial Chamber ruled that the Court’s territorial jurisdiction extends to Gaza, the West Bank, and East Jerusalem, as Palestine is a State Party to the Rome Statute. Israel, the occupying Power, backed by a handful of allies, rejected the Court’s jurisdiction without any legal basis, relying solely on political pressure and unconditional international support.

Once the arrest warrant request was filed, most States Parties upheld their binding obligations under the Rome Statute, despite political pressure and threats directed at the Court, its judges, and the Prosecutor. Yet a few states adopted a defiant and lawless approach, publicly declaring that they would not arrest Netanyahu if he set foot on their territory, in open violation of Article 86, which requires full cooperation with the ICC.

The most troubling case occurred in April 2025, when a European Union Member State not only hosted Netanyahu with full honors; effectively welcoming a fugitive from justice, but soon afterward formally notified the United Nations Secretary-General of its intention to withdraw from the Rome Statute. The timing made clear that the withdrawal was designed to shield Netanyahu from arrest. Nevertheless, under Article 127, this country remains legally obligated for one year after notification, including with respect to ongoing proceedings.

By contrast, a deputy foreign minister of European state; though not a State Party to the Statute, publicly signaled it would arrest Netanyahu if he entered its jurisdiction, demonstrating that political will, not legal constraints, is what ultimately determines whether justice is upheld.

Even more troubling are the revelations from Prosecutor Karim Khan, who reported receiving threats while investigating Israeli officials, including the assertion that “this Court is built for Africa and for thugs like Putin.” Such a statement exposes a racist and geopolitically biased view that international justice should apply only to leaders of weaker states. When Khan was perceived as supportive of Israel after 7 October, he was celebrated. Yet once he acted on his mandate and pursued accountability for Israeli crimes, he became the target of smears and politically motivated allegations, a familiar tactic used against anyone who challenges Israel’s impunity.

The United States’ position is one of the clearest examples of hypocrisy in the international system. When the ICC issued an arrest warrant against the Russian President, the U.S. welcomed the decision, asserting there was “no doubt” Russia was committing war crimes, even though Russia, like Israel, is not a party to the Rome Statute. Yet in complete contradiction, Washington rejected the ICC’s decision to pursue senior Israeli officials for atrocities in Gaza, arguing the Court lacks jurisdiction over Israel. Rather than supporting the rule of law, the U.S. chose to undermine it, even threatening ICC member states to drop proceedings, warning that “all options remain on the table.” To add insult to injury, on 6 February 2025, the U.S. issued an executive order labelling the Court’s actions “illegitimate and baseless” and imposed sanctions on ICC officials.

The live-broadcast massacre in Gaza and the relentless settler terror in the West Bank; much of it proudly filmed and posted online by the perpetrators, have made one truth undeniable: international law collapses when powerful states are involved. The system clearly operates selectively, protecting geopolitical interests while granting Israel an unlawful shield from accountability despite overwhelming evidence of crimes.

Today, we live in a world where the law of the jungle prevails. To protect our shared human future, we must speak with one united voice, not as a favor to Palestinians, but as a duty to humanity:

For the sake of the next generation, arrest Netanyahu, the FUGITIVE FROM JUSTICE.

Disclaimer: The views expressed above are solely those of the writer. The organisation does not endorse or take responsibility for these views.
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