(September 16, 2024)

In this essay, I describe and discuss the United States’ view—shared by Germany and others—that arrest warrants against Netanyahu and Gallant would be premature because the Prosecutor did not provide Israel with sufficient notice of the alleged crimes. In my second essay, I’ll discuss the United States’ more fundamental objection that the ICC lacks jurisdiction over Israeli nationals for conduct involving Gaza because (according to the United States) Palestine is not a state that itself would have prescriptive or enforcement jurisdiction over such persons as a matter of international law (an objection that does not depend upon the Oslo Accords).