As a small nation, Estonia has aligned its security policies with its most significant ally, the United States, for a simple reason: self-preservation. In times of crisis, the most likely protection would come from the U.S., NATO's largest ally. Therefore, Estonia should avoid jeopardizing this crucial relationship. Acting hastily or automatically endorsing all decisions and definitions made by the International Criminal Court (ICC) is unnecessary, especially when such actions could harm Estonia's national interests.

For this reason, Estonia should not rush to support the ICC's decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Such a stance offers no tangible benefits and risks damaging Estonia's good relations with both the U.S. and Israel.

The ICC does not have jurisdiction over Israel, as Israel has not ratified the Rome Statute. The ICC justifies its actions by recognizing the Palestinian Authority as a state, a designation Estonia has not endorsed. This creates a legal disconnect between Estonia's position and the ICC's interpretation.

Alan Dershowitz, a former Harvard professor and renowned U.S. legal scholar, has highlighted another reason why Israeli leaders should not be treated in this way. The ICC was established to handle cases from countries lacking competent judicial systems. Israel, as a democratic state, has the capacity to adjudicate its legal matters independently.

From a moral perspective, it is crucial to consider that Israel is defending itself against a powerful, Iranian-funded terrorist organization. Iran and its proxies attack Israel on multiple fronts, while terrorist groups unabashedly use civilians as human shields. For instance, Hezbollah employs Russian weaponry as part of its operations.

Given these factors, Estonia should carefully weigh its position on the ICC's actions, prioritizing national interests and longstanding strategic relationships over rushed decisions.

It is both immoral and wrong to initiate legal proceedings against a nation defending itself, especially when such cases rely on testimonies from terrorists.

It is cynical to level the same accusations against terrorists and the leaders of a country defending itself against daily bombings by those same terrorists.

Furthermore, Estonia's relationships with both Israel and the United States hold significant value. Betraying trusted partners in such a manner is unthinkable. Estonia must prioritize maintaining its alliances.

The Netherlands' foreign minister is no longer welcome in Israel after suggesting that Israel should comply with the ICC's order. What reason does Estonia have to make similar statements? Why should we rush to express an opinion on this matter? Who are we seeking approval from? The outgoing EU High Representative for Foreign Affairs, the socialist Josep Borrell?

It would also be wiser to wait for analyses and arguments from various international legal experts on this complex issue. The topic is evolving, and with time, new and insightful perspectives emerge daily.

Lastly, Estonia must avoid inadvertently aiding terrorists with an overly rigid interpretation of the "rule of law." In challenging times, standing together with friends is the right course of action. Supporting allies and avoiding actions that harm these critical relationships is in Estonia's best interest.

Expert analysis and inclusion before decisions

In Estonia, the Riigikogu has a Foreign Affairs Committee and an Estonia-Israel Parliamentary Group. Why, then, does the foreign minister not consult their views on such an important issue before rushing to comment? This matter concerns intergovernmental relations, which should not be taken lightly or undermined without careful deliberation.

Another critical question is whether the foreign minister even has the right to express personal opinions regarding Israel. Such behavior is inappropriate, as Foreign Minister Margus Tsahkna's (Eesti 200) expression of support for the International Criminal Court's arrest warrant against Israel is likely to be perceived as the official position of the Estonian government, even though it currently reflects only his personal views. For this reason, the foreign minister should focus on articulating the state's position and refrain from sharing personal opinions.

In general, it is unwise for a small nation to rush into taking positions on complex issues. A foreign minister must act diplomatically, think critically and exercise caution. Matters like this require calm and deliberate analysis, including thorough consultations with international experts on all legal aspects before offering comments. At present, think tanks around the world are still analyzing this situation. As the saying goes, "haste makes waste."

Unfortunately, Foreign Minister Margus Tsahkna, together with Lithuania's outgoing foreign minister Gabrielius Landsbergis, made a hasty joint statement. By commenting on the ICC's arrest warrant for Israel's prime minister and defense minister, Tsahkna displayed a lack of maturity and nuanced understanding of global affairs.

There was no pressing need for the foreign minister to address the ICC's arrest warrant today. Prime Minister Benjamin Netanyahu is not about to visit Estonia, and there was no immediate reason for Estonia to take a public stance. This was an unnecessary move at an inopportune moment.

Diplomatic prudence and restraint are essential for a country like Estonia to safeguard its national interests and maintain strong relationships with key allies.

The right to protect national interests

Finally, it is important to consider that the ICC's decision risks severely undermining the authority of both international law and the court itself. Such an erosion of international legal norms is not in Estonia's interest.

This damage to the credibility of international law stems from the events of October 7, 2023, when the state of Israel and its people were subjected to an unprovoked terrorist attack by Hamas and its allies. These terrorists violated all norms of warfare, international humanitarian law and agreements between Israel and the Palestinian Liberation Organization.

Those pointing fingers at Israel likely fail to understand the issue or are so politically biased that they consciously favor terrorists over democracy. This is not a matter of political preference but a refusal to confront criminal and terrorist methods being employed globally.

Israel must retain its right to defend its state and its people. It is also in Estonia's vital interest that every country subjected to attack has the indisputable right to defend itself. This principle is essential to maintaining a just international order and ensuring the security of nations around the world.

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