Sun Nov 24 15:31:58 UTC 2024: ## ICC Warrants for Netanyahu and Gallant Spark Debate on Double Standards

**The Hague/Nairobi** – The International Criminal Court’s (ICC) issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant has reignited a debate about alleged double standards in international justice, particularly highlighting the experiences of Kenya.

The warrants, which cite reasonable grounds to believe the two bear criminal responsibility for crimes against Palestinians, echo a similar situation faced by former Kenyan President Uhuru Kenyatta and current President William Ruto over a decade ago. Both were indicted by the ICC for their alleged roles in the 2007 post-election violence. While they cooperated with the court, avoiding arrest warrants, their case highlights a perceived disparity in how the ICC handles cases involving African leaders versus those from Western allies.

The author argues that the speed and relative ease with which the Palestine case progressed compared to the Kenyan case suggest a bias. While the Kenyan case faced significant delays, including challenges to jurisdiction and intense political pressure, the Israeli case progressed far quicker despite similar hurdles and even allegations of intimidation against ICC prosecutors.

The piece notes the significant pressure exerted by Israel and its allies to influence the ICC proceedings. This included threats against former ICC prosecutor Fatou Bensouda and accusations of sexual misconduct against current prosecutor Karim Khan. This contrasts sharply with the lack of significant Western support for Kenyatta and Ruto during their ICC proceedings.

Furthermore, the author points to the framing of the Netanyahu and Gallant indictments in Western media, often highlighting the novelty of a “Western ally” facing such charges, a description that overlooks Kenya’s long-standing relationship with the West.

The author attributes the different treatment to the “mtu wetu” (our person) syndrome, where political leaders invoke tribal or national identity to deflect accusations and intimidate judicial processes. This tactic, employed successfully by Kenyatta and Ruto, now appears to be mirrored by Netanyahu, using claims of antisemitism to deflect criticism.

The article concludes by drawing a parallel between the weaponization of identity politics to shield individuals accused of serious crimes, highlighting the irony in this occurring during the 140th anniversary of the Berlin West Africa Conference, a historical event which laid the groundwork for European colonization and the subsequent introduction of tribalism to Africa. The author suggests this double standard reveals a concerning lack of consistency in upholding international justice.

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