Benjamin Netanyahu arrives at the Capitol to meet with U.S. lawmakers on July 9, 2025, in Washington, D.C. Photo: Samuel Corum/Sipa USA via AP Images

Tyler McBrien is the managing editor of Lawfare and a 2024-25 Law & Justice Journalism Project Fellow.

Many of those watching the horrors unfold in Gaza have hung their highest hopes and deepest frustrations on the world’s apex courts: the International Court of Justice and the International Criminal Court. Nearly two years into the war, these judicial bodies have neither prevented atrocities from occurring nor punished perpetrators. Journalists and activists amassed ample evidence documenting war crimes committed by the Israeli military, and yet its soldiers continue to operate in Gaza with impunity.

It’s a mistake to laser-focus on th

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