44 No. 73 JUSTICE 9:1.26 Israel’s civilian to terrorist casualty ratio is between 1 to 2 civilians for every terrorist killed,27 meaning Israel’s extensive efforts to avoid civilian deaths have resulted in a far lower civilian to terrorist casualty ratio than in other conflicts.28 Indeed, the Chair of Urban Warfare Studies at the Modern War Institute at the United States Military Academy has stated that “Israel has implemented more precautions to prevent civilian harm than any military in history – above and beyond what international law requires.”29 The facts therefore negate any support for the issuance of arrest warrants for Netanyahu and Gallant based on alleged war crimes and crimes against humanity, yet PreTrial Chamber I saw fit to do so anyway. III. Conclusion The ICC’s decision to issue arrest warrants for Netanyahu and Gallant ignored the evidence and disregarded the law. Pre-Trial Chamber I’s decision reflects the Court’s anti-Israel bias and its eagerness to advance the Palestinian campaign lawfare against Israel. But the Court’s decision will not advance the cause of peace. To the contrary, as Netanyahu said in his July 24, 2024 speech to the United States Congress, “the war in Gaza could end tomorrow if Hamas surrenders, disarms and returns all the hostages.”30 n Steven E. Zipperstein teaches at UCLA, Tel Aviv University and the Hertie School in Berlin. He is also Associate Director and Distinguished Senior Scholar at the UCLA Center for Middle East Development. Sharon Mayer is a Partner at Bird, Marella, Rhow, Lincenberg, Drooks & Nessim LLP in Los Angeles. Centre of Excellence, “Hybrid Threats: Hamas’ Use of Human Shields in Gaza” (June 6, 2019), available at https://stratcomcoe.org/pdfjs/?file=/publications/ download/hamas_human_shields.pdf?zoom=page-fit; see also NATO Strategic Communications Centre of Excellence, “Hamas’ Use of Human Shields in Gaza” (Sept. 20, 2014), available at https://stratcomcoe.org/ cuploads/pfiles/hamas_human_shields.pdf 26. UN Security Council Meeting SC/14904, Ninety Per Cent of War-Time Casualties Are Civilians, Speakers Stress, Pressing Security Council to Fulfil Responsibility, Protect Innocent People in Conflicts (May 25, 2022), available at https://press.un.org/en/2022/sc14904.doc.htm. In the 2016-2017 Battle of Mosul, for example, 10,000 civilians were killed compared to roughly 4,000 ISIS terrorists. Susannah George, Qassim Abdul-Zhara, Maggie Michael and Lori Hinnant, “Mosul is a graveyard: Final IS battle kills 9,000 civilians,” AP (Dec. 21, 2017), available at https://apnews.com/article/middle-east-only-on-ap-islamicstate-group-bbea7094fb954838a2fdc11278d65460; see also Mosul Study Group, “What the battle for Mosul teaches the force,” No 17-24 (Sept. 2017), available at https://www.armyupress.army.mil/Portals/7/Primer-onUrban-Operation/Documents/Mosul-Public-Release1.pdf 27. Ben Wolfgang, “Israel’s war against Hamas posts lower civilian-to-combatant death ratio than other urban battles,” WASHINGTON TIMES (April 18, 2024), available at https:// www.washingtontimes.com/news/2024/apr/18/israelswar-against-hamas-posts-lower-civilian-to-/; see also “Hostilities in the Gaza Strip and Israel - reported impact | Day 217,” OCHA (May 10, 2024), available at https:// www.ochaopt.org/content/hostilities-gaza-strip-and-israelreported-impact-day-217; see also Shlomo Cohen and Yaacov Samet, “The genocide claim against Israel doesn’t add up,” THE TIMES OF ISRAEL (June 2, 2024), available at https://www.timesofisrael.com/the-genocide-claimagainst-israel-doesnt-add-up/ 28. Martin Sherman, “Misplaced moral outrage on civilian casualties,” JNS (April 11, 2024), available at https://www. jns.org/misplaced-moral-outrage-on-civiliancasualties/#:~:text=Likewise%2C%20Kemp%20praised%20 the%20IDF,in%20general%20is%201%3A9%E2%80%94 (Col. Richard Kemp, former commander of British forces in Afghanistan, stating the average combatant-to-civilian death ratio in urban warfare is 1:9). 29. John Spencer, “Israel Has Created a New Standard for Urban Warfare. Why Will No One Admit It?” NEWSWEEK (March 25, 2024), available at https://www.newsweek. com/israel-has-created-new-standard-urban-warfare-whywill-no-one-admit-it-opinion-1883286 30. Supra note 24.
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