“IDF soldiers dancing and singing is not a war crime, regardless of the lyrics.” That argument, often heard in response to troubling wartime footage, reflects a broader claim: that isolated rhetoric or behavior from IDF soldiers does not amount to policy. If individual soldiers violate the laws of war, the claim goes, Israel’s judicial system will address it. Similarly, not every statement by a politician—especially one made in anger—should be interpreted as official Israeli government policy.

That distinction has been central to Israel’s legal defense at the International Court of Justice in The Hague. Representing Israel, Professor Malcolm Shaw emphasized that the inflammatory remarks cited by the prosecution – from politicians, soldiers, and even entertainers – do not reflect the official state’s intent. Among the examples were statements such as Minister Avi Dichter’s reference to a “2023 Nakba in Gaza” and comments by public figures calling for the destruction of Gaza. Shaw’s argument........

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