The situation in Gaza cannot continue like this. "Neither Netanyahu nor German politicians are above the law."

Berlin - A group of former German ambassadors to several Arab countries (Amman, Beirut, Damascus, Cairo, Nouakchott, and Ramallah—Brigitte Siefker, Christian Moch, Hans-Jörg Haber, and Christian Clages—wrote a joint article on their views of events in Gaza and their government's policy toward Israel.

The article published by the Frankfurter Allgemeine Zeitung, one of the largest and most widely circulated German newspapers, on April 17, 2025, was titled:

The situation in Gaza cannot continue like this. "Neither Netanyahu nor German politicians are above the law."

Looking at what is happening in Gaza is disturbing. The Hamas massacre on October 7, 2023, which left approximately 1,200 dead and 250 hostages kidnapped, shocked Israel to this day and shook us all. The Israeli response brought about the deaths of tens of thousands of people, infected entire generations with hatred, and caused grave damage to Israel's security interests. This situation and Germany's official position on it worry not only us, the authors of the article, but also, as we know from numerous conversations, many officials in the German government.

We Germans, because of the burden of the Holocaust, bear a moral responsibility, both to Israel in particular and to humanity as a whole. Our ambition should therefore be to simultaneously defend and oppose any harm to both. This applies to Hamas, but also to the current Israeli government, whose unconditional support is a misunderstood friendship that ignores important segments of Israeli society.

Our commitment must be directed toward resolving the conflict, which is essential to Israel's long-term existence, as well as to the Palestinians who desire peace, and who already exist. Too often, prejudice prevents us from recognizing Palestinians as a diverse people, just like Israelis. The recent anti-Hamas protests in Gaza are a testament to this.

Given the lack of interest in many media outlets and the reluctance of our political elites to address the events in Gaza, extremist forces seized on the issue and filled it with anti-Semitic incitement. This would not have happened had the political public sphere enjoyed a clear discourse guided by international law—a discourse whose guiding framework was the Geneva Conventions and the Statute of the International Criminal Court.

Hamas has violated international humanitarian law and the laws of war by carrying out terrorist attacks, taking hostages, and bombing civilian targets in Israel. At the same time, Israel must accept the question of proportionality. Current figures indicate: more than 50,000 documented deaths, including 18,000 children; tens of thousands injured and permanently disabled; 20 hospitals and maternity clinics destroyed; food and medicine supplies blocked; children amputated and cesarean sections performed without anesthesia; more than 1,000 rescue workers and more than 200 journalists killed; churches, mosques, museums, and 90% of schools and universities destroyed; and the resulting devastating impact on Gaza's cultural identity.

The International Criminal Court considers the blocking of vital goods and medical supplies, as well as the wilful killings, sufficient grounds to classify them as war crimes and crimes against humanity. Accordingly, after careful examination, the ICC issued arrest warrants for Hamas leaders, as well as for Prime Minister Netanyahu and then-Defense Minister Galant. Seventy-seven international legal scholars from German-speaking countries expressed their support for this order. Neither Netanyahu nor German politicians are above the law. Thinking aloud about ways to circumvent the arrest warrant is unbecoming of a country such as Germany, a leader in international criminal law.

The conflict in the Middle East did not begin on October 7. For decades, we have watched Palestinians being oppressed, dispossessed, and killed by the Israeli military and settlers, and Israel occupying more and more land in violation of international law. We see all of this in stark contrast to our defense, in other instances, of international law and a principles-based global order.

In the International Court of Justice case brought by Gambia against Myanmar, the German government defended a broad interpretation of the crime of genocide; in the case brought by South Africa, it appears to be advocating the opposite, in favor of Israel.

While the German government has been vocal in condemning, for example, alleged crimes against humanity, occupation, and annexation in the context of the Russia-Ukraine conflict, it has been cautious when it comes to Israel. It is therefore not surprising that this exposes us to accusations of double standards.

The resumption of the war in Gaza in March, the military operation in the West Bank, Israel's actions in Lebanon and Syria, and Trump's plan for a Gaza Riviera all mean that this approach can no longer be continued, not even by Germany. We cannot continue to remain silent about the fact that life for Palestinians in Gaza has become unbearable.

We must support Israeli civil society while encouraging the formation of an effective Palestinian national unity government that enjoys domestic and international legitimacy and emerges from free elections.

The Oslo process and the two-state solution remain valid for this purpose. However, if Israel's refusal to end the occupation and dismantle settlements in the West Bank prevents this from being achieved, the only remaining option is a one-state solution, which requires Arabs and Jews to live together on an equal footing, if such a state is to be democratic.

It is perhaps counterproductive to reiterate our repetitive support for the two-state solution while at the same time giving an Israeli government carte blanche to undermine that solution.