Regarding the ICC case against Netanyahu, allow me to chime in with an unsolicited opinion (so I get something out of my degree before they'll replace me with an AI
):
Jurisdiction
Israel's repudiation of ICC authority is immaterial. It's been a well-established principle since Tokyo (IMTFE) that customary international law binds
all nations regardless of whether or not they're signatories to the applicable treaties. The law of armed conflict has no opt-out clause.
(In this context, I'd like to point out it was American legal scholars who came up with the idea, and that Truman coaxed the world into acquiescence. I would also suggest no one in Tel Aviv or Washington (or this forum for that matter) would protest or threaten sanctions if the ICC ever succeeded in getting Putin and Shoigu arrested, although Russia does not recognise the ICC either.)
H o w e v e r.
Admissability
The ICC is bound by the Principle of Complementarity. Art. 17 (1) and (2) of the Rome Statute clearly state national jurisdiction is only superseded if and when a national judiciary is either practically unable to investigate/prosecute allegations of war crimes; refuses to investigate/prosecute allegations of war crimes; or fails to investigate/prosecute allegations of war crimes for no good reason.
I'm gonna ask my old professor about this tonight, but I would contend that none of the three conditions are met.
As a constitutional democracy, Israel does have an independent and functioning judiciary. It's fair to say that Netanyahu's government tried to undermine it, but they're not there just yet.
I've yet to see any evidence whatsoever suggesting that Israel's judiciary would never investigate Israel's political leaders. In fact, given the number of times the incumbent administration has been challenged by the Attorney General and by the Supreme Court of Israel, I would suggest they're perfectly willing and capable of doing just that.
Last but not least, I would point to Art. 17 (2) (b), which defines failure or unwillingness to investigate/prosecute as (amongst other things) "unjustified delay". Israel is a country at war, though. Legal proceedings on all levels of the judiciary have been interrupted by attacks from Hamas, Hisbullah and Iran. The courts and prosecutors' offices have remained closed for weeks at a time. I'd view that as "justified delay".
It is important to remember that the Office of the Prosecutor had requested these warrants in May, just weeks into the events which Karim Khan said were in violation of international law. It's just unreasonable to expect the law enforcement agencies and the judiciary of a country at war to be that fast. Which begs the question, what's motivated this decision?
Politicised justice
The Israeli government has denounced The Hague's decision as anti-Semitic, even branding it as "our century's Dreyfus affair" (which is silly, of course; Dreyfus was framed for something he hadn't done, in contrast to which the ICC merely disputes the legality of what Netanyahu did do). Now, are these proceedings influenced by anti-Semitism? Maybe, but I think the truth is much more mundane.
Karim Khan is a left-winger with a record of proceedings marking him as someone who buys into post-colonial theory. He is not neutral. Neither is the ICC here, because it's using this trial for its own ends.
Since the 2000's, international law has often been left reeling – not least due to the actions of some Western countries (*cough* Iraq *cough*). And the dictators and authoritarian regimes of the world love to criticise us for it. Just listen to the average speech given at any BRICS summit, where the likes of Ramaphosa will reliably denounce the Western world order as hypocritical.
"Rules for thee but not for me", that's how Brazil's Lula described it. It seems to me that the concurrence of the ICC's pressing charges against Netanyahu and Hamas' leadership is simply supposed to convince the "Global South" that we do hold our own accountable.