Would the ICC have accused Churchill of war crimes?

Democratic nations have a right to wage war in their own defence

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With major conflicts raging in Europe and the Middle East, the International Criminal Court’s decision to charge Benjamin Netanyahu, the prime minister of Israel, as well as Yoav Gallant, the country’s former defence minister, with war crimes raises profound questions about the ability of democratic governments to wage war.
Since Hamas launched its murderous terrorist assault against Israel from Gaza on October 7 last year, the Israel Defence Forces have been engaged in a major military offensive, justified as self-defence under international law, to destroy Hamas’s terrorist infrastructure. 
Civilians, as inevitably occurs in any war zone, have been killed or injured in the bitter fighting between Israeli forces and Hamas terrorists, who regularly use Palestinian civilians as human shields, itself a clear violation of the rules of conflict. In such circumstances, and with hostilities ongoing, making a proper assessment of the civilian casualty figures is difficult, if not impossible. The only figures available are those provided by Hamas-controlled health bodies, which appear to make no distinction between the number of dead Hamas terrorists – estimated to be around 20,000 – and civilians. 
Yet, despite not having access to reliable facts, the ICC has nevertheless felt compelled to issue warrants for the arrest of Israel’s prime minister and former defence chief, the first time such action has been taken against the leaders of a democratic country. 
The ICC decision raises worrying questions for other democratic countries – including the UK – that could find themselves engaged in conflict. It compromises the ability of democracies to prevail over their enemies if their military operations cause civilian casualties. Would Britain and its allies have emerged victorious from the Second World War had Winston Churchill and other wartime leaders been distracted by the prospect of facing war crime accusations? 
The ICC action is also problematic for the British Government which, as a member of the ICC, is now obliged to detain the accused Israelis if they arrive on British soil, despite the fact that Israel is still supposed to be our close ally in the fight against Islamist terrorism. 
Sir Keir Starmer’s immediate response was seemingly to back the ICC’s decision, a gesture he may come to regret if either Mr Netanyahu or Mr Gallant visit these shores at a future date. The Government’s confusion on this issue was reflected in the inability of Yvette Cooper, the Home Secretary, to provide a coherent answer when challenged. Labour would be well-advised to determine how they do intend to deal with the challenge presented by the ICC’s erroneous act.
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