The ICC Indicts Israeli and Hamas Officials: On the Perils of Absolutist National Sovereignty

The International Criminal Court (ICC) issued arrest warrants for Israel’s prime minister, Ben Netanyahu, former defense minister, Yoav Gallant, and the military commander of Hamas on November 21, 2024. With the world having had centuries wherein national sovereignty has been the basis of the international order, the heads of national governments could be expected to instantly bolt from just being indicted by an international court. Since the world woke up in 1945 to learn of the Nazi atrocities against Slavs (20 million), Jews (6 million), intellectuals and gays, whether murdered in concentration camps or on the proverbial street, as well as reading as years went by of Stalin’s mass-graves from his government’s mass-murders of Ukrainians, Poles, and even Russians, the hegemonic doctrine that the sovereignty of a state should be absolute has been subject to resistance, though admittedly “without teeth.” So when the ICC has issued arrest warrants, it has been up to national governments around the world to enforce the warrants by arresting the heads of government charged with having violated international law. This weakness in the constraint on what would otherwise be absolutist national sovereignty attests to the marginal degree to which that doctrine has actually been questioned since 1945. In other words, the international order can be said to occupy a rather uncomfortable ‘betwixt and between’ position with respect to whether the sovereignty of countries should be constrained internationally. Not until international law comes complete with real enforcement powers will the world be able to say that heads of governments (and of state) are no longer in a state of nature as described by Thomas Hobbes in his tomb, Leviathan. ?

The full essay is at "The ICC Indicts Israeli and Hamas Offcials ."