Leaders | Lawfare v warfare

The war-crimes case against the leaders of Israel and Hamas is flawed

Politics and diplomacy, not courts, are the key to ending violence and starting two-state talks

Destroyed buildings after Israeli attacks on Jabalia Refugee Camp in Northern Gaza on April 26th 2024
Photograph: Getty Images

The GAZA war is a diplomatic disaster for Israel, a military quagmire and a human tragedy. In has stepped Karim Khan, prosecutor of the International Criminal Court (icc), who has accused Israeli and Hamas leaders of war crimes. He believes he is creating moral clarity, asserting the primacy of international law and thereby delivering justice. On all three counts he is likely to be disappointed.

On May 20th Mr Khan asked icc judges to issue five arrest warrants. Two target the brains behind Hamas’s atrocities: Muhammad Deif and Yahya Sinwar, holed up in Gaza; a third is for Ismail Haniyeh, its political chief, who is in Qatar. Mr Khan also asked for warrants for Binyamin Netanyahu, Israel’s prime minister, and the defence minister, Yoav Gallant, whom he accuses of inflicting starvation, murder and extermination.

Explore more

This article appeared in the Leaders section of the print edition under the headline “Lawfare v warfare”

Cash for kids: Why policies to boost birth rates don’t work

From the May 25th 2024 edition

Discover stories from this section and more in the list of contents

Explore the edition

More from Leaders

Nigel Farage’s claim that NATO provoked Russia is naive and dangerous

It is also a wilful misreading of history

AI will transform the character of warfare

Technology will make war faster and more opaque. It could also prove destabilising


Emmanuel Macron’s project of reform is at risk

A snap election in France reveals the flimsiness of his legacy


More from Leaders

AI will transform the character of warfare

Technology will make war faster and more opaque. It could also prove destabilising


Emmanuel Macron’s project of reform is at risk

A snap election in France reveals the flimsiness of his legacy


The exponential growth of solar power will change the world

An energy-rich future is within reach

India should liberate its cities and create more states

It doesn’t need more government. It needs more governments

Javier Milei’s next move could make his presidency—or break it

Radical experiments with the currency could spell disaster