Israel Faces War Crimes Scrutiny as Top Legal Officials Remain Silent

A critical look at how the silence of Israel’s senior legal advisers raises questions about compliance with international law during the Gaza war.

Israel Faces War Crimes Scrutiny as Top Legal Officials Remain Silent

Nearly twenty international law scholars sent a letter to Prime Minister Netanyahu, arguing that expanding military actions in Gaza could be illegal under international law and may amount to aggression. They emphasize that the added force would likely fail the tests of proportionality and necessity, given Gaza’s humanitarian crisis.

The piece also highlights the absence of three senior legal figures—the Military Advocate General, the deputy for international law, and the Attorney General—whose public legal guidance has not been forthcoming. It notes a shift within the Justice Ministry toward shelving sharp opinions and avoiding confrontations with political leadership, a change described as dangerous to the rule of law. The article further surveys how international courts, including the ICJ and ICC, are pursuing or contemplating actions that could reach the highest levels of government.

The article casts a governance lens on a deepening clash between law and politics. It argues that when top legal advisers withhold or dilute strong opinions, the rule of law loses its moral authority and citizens lose trust in state institutions. That erosion could empower external courts and erode domestic legitimacy at a moment when policy choices are hotly contested.

It also suggests that true accountability may shift from battlefield acts to macro-level decisions by leaders. If internal legal safeguards fail, international mechanisms may become the default arena for dispute resolution, with potential consequences for Israel’s reputation and its leaders’ futures.

Highlights

The law can be a compass even when politics pull in different directions.