Why ICC going after Smotrich is a bigger deal than going after Netanyahu - analysis

The International Criminal Court's (ICC) potential pursuit of Israeli officials concerning the conduct of the war in Gaza became increasingly likely after Israel partially lost U.S. backing for its Rafah operation in May 2024. The ICC Prosecutor's office had signaled intentions to investigate since the early stages of the war.

However, the focus on Israeli settlement policy in the West Bank, and specifically targeting figures like Finance Minister Bezalel Smotrich, represents a departure from previous war crimes tribunals. Historically, such tribunals have addressed genocide, crimes against humanity, and large-scale intentional killing, not issues like building houses in disputed territories.

While Smotrich has made statements that could be interpreted as incitement against Palestinians, his direct command over the IDF is less pronounced than that of Prime Minister Benjamin Netanyahu or former Defense Minister Yoav Gallant, for whom the ICC issued arrest warrants in 2024. This distinction suggests the ICC may be pursuing a case against Smotrich based on his role in settlement policy rather than direct war conduct.

Smotrich has significantly influenced settlement expansion in the West Bank, both directly and indirectly. This includes policies that have led to the controversial eviction of Palestinian residents, although the process typically does not involve the IDF bulldozing entire neighborhoods. The article notes that when Israel issues permits for Jewish construction while denying them to Palestinians, it can lead to frustration and illegal building by Palestinians on unoccupied land. The ICC's potential action against Smotrich for settlement policy could mark a significant development in international law regarding such issues.