The last three years have clearly demonstrated that international law and international institutions constitute a critical front in the war against Israel. Given the importance of this battleground, Israel must act to weaken hostile institutions, and take advantage of them to strike at those who seek to harm the Jewish state. The next government must take several steps.
First, accusations of “genocide” were leveled against the victim, Israel, after October 7. The cynical exploitation of this accusation reached its high point in December 2023, when South Africa filed a complaint against Israel with the International Court of Justice (ICJ) in The Hague.
A basic premise of international law is that an international court has no authority to try a state without its consent. Israel signed the Genocide Convention in 1949, and because no one ever imagined it itself would be accused by its enemies of such a crime, accepted a jurisdiction clause according to which parties would be adjudicated before the ICJ in any dispute over the interpretation of the Convention.
Genocide is the gravest crime in international law, and international courts have recognized it in only four cases: the Holocaust, Rwanda, Srebrenica, and Cambodia. In Gaza, Israel is fighting a terrorist organization that hides within the civilian population in order to maximize harm to non-combatants. But regardless of what the ICJ ultimately rules in the case, the strategic damage has already been done, and Israel and Jews around the world have been branded with the label of genocide.
Therefore, Israel should announce its withdrawal from the Genocide Convention in protest at the improper use it is being put to, making clear that while it agrees with its content, it is unwilling to stay silent in the face of the term’s corruption. This should be part of a comprehensive process of withdrawing from all treaties that establish jurisdiction before the ICJ.
Second, Israel never joined the ICC, despite the initial enthusiasm for the idea of an international criminal court, due to its built-in bias against Israel. Since Operation Cast Lead, the Palestinian Authority has wielded the ICC as an open threat against Israeli leaders. And lo and behold – the murder of 1,200 people in a single day was the impetus to issue arrest warrants against Israel’s prime minister and its former defense minister, of all people, as well as – reportedly – sealed warrants against other senior officials. (There is evidence that the ousted prosecutor Karim Khan acted against Israel in order to divert attention away from sexual harassment suspicions against him).
Several months ago, the American administration concluded that the ICC posed a strategic threat to its soldiers and senior officials, with President Trump and others in its crosshairs. Consequently, Secretary of State Rubio announced that the US is working to dismantle the court. In Israel meanwhile, a proposal has been sitting on the Knesset’s table for decades, seeking to prohibit state authorities from maintaining contact with the ICC, and to establish a criminal prohibition on sharing information with the Court. The proposal was prompted by concern over any future temptation to extradite Israelis to the ICC in exchange for Israel being accepted back into the fold of nations. Israel cannot expect the US to wage the war against the ICC alone. The next Knesset should pass a law protecting its citizens against the ICC.
Third, there is a growing current among European countries to boycott products originating in Judea and Samaria, with the aim of forcing a Palestinian state on Israel. Boycott laws violate free trade agreements, and constitute grounds to apply to the World Trade Organization (WTO), which demands equal treatment of all member states and prohibits discriminating against one state’s disputed territories while ignoring similar situations involving others. The Netherlands, which recently imposed a boycott on the Israeli settlements, permits trade with the occupied territories of Northern Cyprus and Western Sahara. Although the US is considering a punitive response against countries that boycott Judea and Samaria, Israel should not expect it to act in its stead in this arena either. Israel must show courage and engage the WTO.
Finally, Israel must immediately shut down the illegal consulates to the Palestinian Authority in Jerusalem. The situation is patently outrageous – while Spain, the UK and others impose sanctions on Israel and its citizens, they undermine the state from within its very capital.
Experts agree that international law and its institutions are undergoing far-reaching changes. Israel can promote a move to weaken hostile institutions and strengthen the freedom of action of sovereign states. The next government has its work cut out in the international arena.
(First published in Israel Hayom, “The battleground awaiting the next government”, 4.10.2026)
