Israeli Ambassador: "The International Criminal Court Has Undermined Its Credibility"

Last week, the Hague-based ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. For a leader of a Western democratic state, it is unprecedented to face such an attempt at accountability. The ruling has sparked global controversy: Hungarian Prime Minister Viktor Orban was quick to invite Mr. Netanyahu to Hungary, and Foreign Minister Peter Szijjarto called the decision absurd. We spoke to Ambassador Avi Nir-Feldklein about Jerusalem’s position, the legal and political ramifications, Mr. Netanyahu’s potential visit to Hungary, and the recent antisemitic pogrom in Amsterdam.

Israeli Ambassador Avi Nir-Feldklein (Photo: Arpad Kurucz)

– A "political bomb:" this is how many media outlets and experts have characterized the ICC's ruling. Is the verdict really that serious?

– Not even close! It’s more like a moral bomb, a colossal ethical failure. For over a year, Israel has been fighting terror organizations intent on wiping us off the map. These are groups that have massacred civilians in their homes, burned entire families alive, raped women, and continue to hold over 100 hostages. What does the ICC's decision signal? That democratic societies have no right to fight against evil. And all this based on false "evidence" supplied by a terrorist organization.

The ICC should be an important institution. But this was a grave mistake, one that's also undermines the role of international law.

– Why would they do something like that? 

– I can’t speak to their motives, but they’ve certainly made a mistake. By targeting Prime Minister Netanyahu and former Defense Minister Joav Gallant, they haven’t just attacked two individuals; they've targeted the entire Israeli society. Across the political spectrum, everyone in Israel agrees: we are waging a just war. We all know the accusations against us are false.

– Let’s examine the accusations. The ICC claims that Israel used starvation as a weapon during its Gaza operation and deliberately targeted civilians.

– Look, just recently, UNRWA (United Nations Relief and Works Agency) announced that it'd sent around 100 trucks full of aid into Gaza. We fully supported these deliveries, allowing them to cross freely. What happened? Hamas looted 97 of those trucks before they could reach their intended recipients. Of course, UNRWA conveniently remained silent about who had stolen the supplies. The reality is that UNRWA cannot effectively manage the aid distribution efforts because it is infiltrated by terrorists - some of whom were directly involved in the October 7 attacks.

Israeli Ambassador Avi Nir-Feldklein. Photo: Arpad Kurucz

– And what about the civilians? 

– When they discuss the number of casualties, they rarely note that 17,000 to 20,000 of those killed were terrorists. But we could also revisit last year’s incident, when an alleged rocket attack on a hospital - widely reported on in the international media - claimed 500 lives. Later, it emerged that the strike actually hit a parking lot, not the hospital; the death toll was 50, not 500, and - most importantly - the rocket was fired not by Israel but by Islamic Jihad. In fact, 11 percent of rockets launched from Gaza misfire and land within their own territory. So, what I'm trying to say is that these are all added to the overall casualty figures. Moreover, a 2022 UN report states that urban combat typically results in nine civilian deaths for every militant killed. Even if we were to trust Hamas’s statistics, this ratio in Gaza is one-to-one!

Of course, even a single civilian death is tragic. War is hell. 

But we do everything in our power to minimize civilian suffering: we send aid, we warn civilians before strikes. How can anyone call this deliberate genocide?

– So there are no legal consequences to this ruling?

– Israel is not a member of the ICC. Even if we was, the ICC has no jurisdiction over democratic states with functioning judicial systems. Israel has a free and robust, independent judiciary that has even datred to pass rulings against its own government. We can, and we will investigate any troubling cases.

It’s worth noting that the Israeli military likely boasts the highest number of legal experts in its ranks.

Many operations may only proceed after their approval, ensuring full compliance with international legal normas and standards - not because of the ICC, but because of our own values!

– And what about the political consequences? The ICC also issued an arrest warrant against Vladimir Putin, but he doesn’t seem overly concerned...

– The justice system should treat everyone equally. Look at what’s happening in Syria, Iran, or Sudan, countries where the ICC is eerily silent. It’s shameful that the ICC has become a political tool. By doing so, it completely undermines its own credibility.

– Mit üzen ez? The world is divided over the ruling. Some states condemned it, while others have made it clear that they will enforce the warrants. What message does this send? 

– Norway, Ireland, Spain, and outgoing EU foreign policy chief Josep Borrell supported the ICC’s decision. Meanwhile, Hungary, the Czech Republic, and the United States condemned it. Legal cases should be clear-cut: you’re either right or wrong. The fact that the world’s response depended on political interests proves that the ICC made a political, not legal, decision. This ruling is devoid of justice or truth.

Interior of an apartment severely damaged in an Israeli airstrike in Haifa, northern Israel, on November 24, 2024. Photo: Francisco Seco

– As a sign of support, Viktor Orban immediately invited Benjamin Netanyahu to Hungary. Can we expect a visit from Israel's prime minister?

– First, I’d like to express my gratitude to Prime Minister Viktor Orban and Foreign Minister Peter Szijjarto for their swift and supportive responses. Hungary’s friendship means a great deal to us, and we do not take it for granted. During these wartime circumstances, Mr. Netanyahu is undertaking very few foreign trips. The intense ceasefire negotiations with Lebanon are ongoing, over 100 hostages remain captive, and we are managing six different fronts at the same time.

However, Mr. Netanyahu is known to have an excellent, cordial relationship with Mr. Orban, and they regularly communicate by phone. I’m confident that when the time is right, he will gladly visit Hungary.

– We all saw what recently happened in Amsterdam, where Jews were practically hunted down after the Maccabi Tel Aviv vs. Ajax football match. You’ve just arrived in Budapest; what are your impressions so far?

– The only complaint I have about Hungary is that you haven’t taught us how to win matches yet; although we did beat Belgium recently! Jokes aside, people asked me before the match whether I was concerned that something similar to Amsterdam may occur in Budapest. I told them that this was absolutely unthinkable. 

Hungary is one of the safest places in the world for Jews. 

Walking through the streets, I constantly hear Hebrew being spoken. And this isn’t the case everywhere; in some European capitals, Jews are afraid to speak Hebrew in public, lest they shoud find themselves in trouble. This safety is thanks to the Hungarian government, the Hungarian media, and the Hungarian people. By the way, the Amsterdam pogrom wasn't something that came out of nowhere! The regular mob protests in the streets and the incitement by the media both contributed to making this possible. And let there be no misunderstanding: the issue is not with criticizing Israel! The problem is that hate speech and violence are being tolerated. Recently, Berlin's police chief acknowledged that there are areas where Jews or homosexuals had better not set foot. I respect him for declaring this, because identifying the problem is the first step toward finding a solution.

– Do you see a link between the abovementioned issue and migration?

– Migration, in and of itself, isn’t inherently harmful. The problem arises when some migrants try to impose the rules of the countries they had fled. If you choose a new homeland, you must respect how people live there!

The international “arbiter of justice”

The ICC, headquartered in The Hague, was established in 2002 to prosecute individuals accused of genocide, crimes against humanity, war crimes, and acts of aggression – provided the country in question is unwilling or unable to do so. To date, 123 nations, including Hungary, have joined the ICC. In 2015, former Constitutional Judge Peter Kovacs was also elected into the body, where he served until March 2024. Some countries – such as the United States, Russia, China, and Israel – are among those that reject the ICC's  jurisdiction. Of the roughly 30 cases brought before the ICC so far, the vast majority have involved African nations. (-ed.)