On October 7, Hamas carried out the most severe pogrom since World War II. This is a terrorist organization whose ideology is thoroughly Nazi-like — an organization whose spokespeople talk about the annihilation of all Jews, sometimes extending this to Christians as well.
Its leaders openly speak of world domination to establish a dark empire. This organization launched the deadliest terror attack since 9/11, resulting in the murder of 1,200 people. Women were raped. Babies and children were burned.
How would the free world respond to such a pogrom? We know the answer. After the September 11 terror attacks, the free world initiated a War on Terror. In war, as in war, innocent people were killed.
Entire cities were destroyed. Millions became refugees. It was clear that this cancer had to be uprooted in distant lands, even though the threat was thousands of miles away from London, Washington, Paris or Ottawa.
As a result of the war on terror, 38 million people were displaced. Approximately 4.6 million died, directly or indirectly, due to these wars. About 7.6 million children continue to suffer from malnutrition. According to UN studies presented in 2022, around 90% of those killed in wars in recent decades have been innocent civilians.
But when it comes to Israel, the standard changes. Every country in the world is allowed to act — except Israel. A terrorist organization whose leaders declare their intent to continue killing Jews scores a major victory at the International Criminal Court (ICC), an institution established precisely to combat entities driven by genocidal, racist ideologies.
Does the presence of a murderous enemy justify a harsh response by a sovereign state? There’s no need for complex theories — only facts. When the U.S. killed over 100,000 innocent Japanese civilians in the Tokyo bombings, who was at fault — the U.S. or Japan?
When the UK bombed Dresden and Hamburg, who was to blame — Hitler or Churchill? When the war on terror directly caused the deaths of half a million people — 70% of them innocent civilians, according to Brown University’s Watson Institute (a conservative estimate) — who was at fault, Osama bin Laden or George Bush and Barack Obama? When the U.S. destroyed 70% of the buildings in Mosul and Raqqa, who was responsible — the U.S. or the Isalmic State (ISIS)?
The answers are clear. Until it comes to Israel.
Smotrich's taunts
Israel is not above criticism. Statements like "there are no innocent civilians [in Gaza]," have been unhelpful. Even when faced with the looming sword of justice, even after many warned them they persisted.
After the International Court of Justice (ICJ) had already reviewed statements by Israeli officials presented to the judges as evidence by the prosecution, Finance Minister Bezalel Smotrich insisted on worsening Israel's position.
During a traditional event, he declared, "There’s no half-measures. Rafah, Deir al-Balah, Nuseirat — complete annihilation. 'You shall blot out the memory of Amalek from under heaven' — there’s no place for them under heaven."
However, none of this justifies the ICJ judges' decision. Any nation subjected to the terror attack Israel faced on October 7 would hear expressions not uttered in ordinary times.
Israel, as we know, isn’t the U.S. It’s not just that the U.S. hasn’t signed the Rome Statute, which authorizes the prosecution of individuals accused of crimes, but also that U.S. Congress, with bipartisan support, passed what’s nicknamed the "Hague Invasion Act."
This legislation allows the U.S. military to take any action — yes, even by force — to release any American citizen or U.S. operative from the ICC's custody. When former ICC prosecutor Fatou Bensouda planned to investigate alleged crimes by U.S. soldiers, her visa was revoked. A panel of three judges reviewing Bensouda's request took the hint and denied it.
This time, things are different. Israel lacks the U.S.'s power. Israel doesn’t have its own version of the "Hague Invasion Act." The result is injustice. The arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant are a product of the free world’s grave decline.
This happened at the UN, dominated by a majority of authoritarian states. It happened at the UN Human Rights Council, which appointed countries like Iran and Libya to head committees on human and women’s rights. And now, it’s reached its peak with the ICC, which should have been far more impartial and balanced, succumbing to the same fate. The dark majority has reached there too.
Some nations, led by the U.S., have condemned the arrest warrant requests. Now is the time to turn these statements into action. Senator John Thune, soon to assume the role of Republican Senate Majority Leader, said just this week that he intends to stand by Israel.
He addressed the impending ICJ decision directly: "If the ICC and its prosecutor do not reverse their outrageous and unlawful actions to pursue arrest warrants against Israeli officials, the Senate should immediately pass sanctions legislation, as the House has already done on a bipartisan basis."
The price of negligence
International hypocrisy doesn’t absolve Israel’s leadership from the new low it has brought upon the country. Being right isn’t enough. It’s insufficient to point out that the U.S. and the UK conducted ruthless bombings to uproot ISIS from Iraq and Syria. Israel had to account for the fact that international hypocrisy is a major player on the stage.
From day one, Israel needed to make it clear that its response to Hamas terror would adhere strictly to the rules of international law. The IDF also failed to sufficiently demonstrate that serious investigations are underway against soldiers who violated these rules.
After all, as long as a country’s judicial system addresses violations on its own the ICC is barred from intervening under the principle of complementarity.
But no mistake justifies the despicable, hypocritical, and racist decision by the ICJ judges. We stand at a historic moment when we must set aside all political disagreements and say clearly: Hamas committed war crimes and crimes against humanity. Hamas carried out a massacre. Hamas openly supports the annihilation of Jews. And you stand against those defending themselves from annihilation?
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We need internal and international mobilization — of Jews and non-Jews, of anyone with reason, justice, common sense and humanity in their hearts. This absurd reality, where the aggressor celebrates while the defender faces arrest warrants, isn’t only a threat to Israel —it’s a threat to the free world.
The battle in Gaza and Lebanon isn’t over and its outcome remains uncertain. The international campaign — for justice and truth, on campuses and in global tribunals — is just beginning. And it’s no less critical.