A Word of Advice for the Supreme Court of Israel


11:46 PM Tuesday.

I don't know if it's more schizoaffective messianic grandiosity, benevolent American paternalism, Noahide legal feedback, or sincere Gentile friendship, but I am doing my best to keep up with the thinking in Israel and I find myself drawn to share a word of advice with the Israeli Supreme Court after reading Will government's plan to set up its own Oct. 7 probe prompt top court to intervene? by Jeremy Sharon.

The advice is not actually mine as much as it is Google Gemini's. I just teased it out. Well, actually I confirmed what I already suspected. Here are the questions I posed:

  • How does complementarity affect the jurisdiction of the ICC?
  • Has the time already come and gone for Israel to argue that it meets the standards for complementarity in the ICC case against Netanyahu and Gallant?
  • Would a state commission of inquiry that takes up the question of war crimes alleged to have been committed by Netanyahu and Gallant along with 7 October failure in general likely meet the complementarity standard or is a criminal trial required at the start?
  • How do judicial philosophers avoid the trap here that Israel will be assumed to be "unwilling" if it declines to recommend Netanyahu and Gallant indictments after its careful fact-finding?
  • Is there a stronger geopolitical argument for Israel to try Netanyahu and Gallant domestically or to deny the plausibility of the charges and of ICC jurisdiction altogether?

Here's the answer thread:


My advice to the Supreme Court of Israel is to take this Google Gemini AI thread into consideration as you decide whether to order a state commission of inquiry. 

I tend to agree with the implication of Gemini that the Israeli Supreme Court should order the state commission of inquiry and charge it to investigate the ICC claims in addition to the October 7 failure.

"The question," as Jeremy Sharon put it, "is whether enough justices currently on the court will see it that way and be willing to override the government’s discretion on a highly combustible issue, at such a febrile time in the country’s history."

End 12:28 AM.

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