Though justice sometimes seems to stall, it’s making headway now with officials at the International Criminal Court (ICC), following President Donald Trump’s executive order to sanction those targeting U.S. citizens or allies. This move came just after the House greenlit the Illegitimate Court Counteraction Act. Even though the Senate didn’t pass its version, Senate Minority Leader Chuck Schumer expressed that Democrats are on board with the President’s stance. While these sanctions are a positive step, America will need to rally its allies to join in countering the ICC’s actions for more substantial impact.
The catalyst for this U.S. measure has been the ICC’s recent accusations against Israel. A closer look at these charges reveals a misuse of legal authority—manipulating data while ignoring due process. The situation with Israel worsened on November 21 when the ICC filed arrest warrants against Israel’s prime minister and a former defense minister, accusing them of using starvation as warfare from October 8, 2023, to May 20. The choice of October 8 is particularly striking, given it’s just after the most devastating assault on Jews since the Holocaust, occurring before Israel had made any military incursions into Gaza.
Analyzing the allegations, it’s evident that Israel has actually taken significant measures to allow humanitarian aid since the onset of the conflict, contrary to the claims. Using data from COGAT, Israel’s Coordinator of Government Activities in the Territories, I’ve found that between November 1, 2023, and May 20, around 2,152 tons of food were brought into Gaza each day. If distributed evenly among the 2.1 million residents, each person would get 1.02 kilograms of food daily, offering more than 3,000 calories. This surpasses the U.N. World Food Programme’s standards, which deem 0.78 kilograms sufficient to feed a person for one day.
Although COGAT’s role in the conflict could be seen as partial, their data collaboration involves U.N. agencies, NGOs, and the U.S.-backed Joint Coordination Board, all reviewed by U.S., Egyptian, and U.N. representatives. In a conversation with Maj. Gen. Ghassan Alian of COGAT, he explained that this collaboration aimed to dispel false reports of border closures and food shortages. Despite this, both the ICC and U.N. disregarded COGAT’s comprehensive data, favoring incomplete and biased reports. Notably, an April report by the U.N. Office for the Coordination of Humanitarian Affairs only included aid seen by the U.N. Relief and Works Agency for Palestine Refugees when their reps were present, neglecting aid through crossings like Erez in northern Gaza.
Meanwhile, COGAT tracks all aid entering Gaza from every source and crossing point, as noted by Israel’s Institute for National Security Studies. Behavioral economics and human perception—areas I’ve extensively studied—shed light on the damage caused by falsehoods from organizations like the ICC. Repeated misinformation tends to be remembered and accepted as truth, even if unfounded. Once false narratives about Israel spread, they gain traction.
Moreover, research indicates that negatively framed or extreme messages catch more attention and are more likely to be shared. Historically, America hasn’t stayed silent against attempts to demonize Jewish communities. The political consensus today is that unchecked, the ICC might hinder the West’s defensive rights. That’s why the U.S. has long resisted the ICC’s claims of authority. The court has tried targeting the U.S., previously sanctioning an investigation into alleged war crimes in Afghanistan. However, American pressure pushed back those efforts.
But relying solely on U.S. sanctions against the ICC might not suffice. The overarching aim should be to either dismantle or thoroughly reform the court. Achieving this means negotiating intensely with nations that fund it, like France, Canada, and the U.K. Currently, the U.S. seems unfazed by having tough dialogues with allies, urging them to bolster their military funding commitments to NATO. Redirecting ICC funds to these initiatives seems far more beneficial.
Ran Kivetz, Ph.D., holds the Philip H. Geier professorship at Columbia University Business School.
