What’s next after ICC issues arrest warrant for Israeli PM Netanyahu, ex-minister Gallant and Hamas leader Deif?
'Arrest warrants binding, must be respected by International Criminal Court member states'
Dubai: The International Criminal Court (ICC) on Thursday issued arrest warrants for Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for war crimes and crimes against humanity in Gaza, dealing a huge blow to Israel’s global legitimacy as it continues its bombardment of Gaza and Lebanon.
The ICC also issued a warrant for the arrest of Muhammad Deif, Hamas’s military chief, for crimes against humanity, including murder, hostage taking and sexual violence. Israel said in August that it had killed Deif.
Netanyahu and Gallant could be arrested if they travel to any of the more than 120 countries that are party to the ICC. The warrants charge them with “crimes against humanity and war crimes,” including the use of starvation as a method of warfare, as well as murder, persecution, and other inhumane acts.
Netanyahu is unlikely to face trial as the court doesn’t allow that to happen in absentia. Yet many of Israel’s Western allies, including the UK, France, Germany and Canada, are ICC signatories, potentially complicating travel by Netanyahu to those countries.
It “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: Genocide, war crimes, crimes against humanity, and the crime of aggression.”
Currently, 124 countries are parties to the Rome Statute, including the UK, Japan, Afghanistan, and Germany. India, China, and the US are not members.
The ICC was created to prosecute the most heinous offenses when a country’s own legal system is unable or unwilling to act. Unlike the International Court of Justice (ICJ), which deals with inter-state disputes, the ICC prosecutes individuals.
The ICC has jurisdiction over offences committed either in a country that has ratified the agreement or by a national of a ratifying country. It can also exercise jurisdiction over cases referred by the UN Security Council.
Israel is not a member of the Rome Statute, but Palestine is.
WILL NETANYAHU BE ARRESTED?
All 124 member states of the ICC are obligated by the court’s founding statute to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory. However, the ICC lacks its own police force, so arrests must be carried out by member states or cooperating countries.
The sanctions for failing to arrest someone despite a warrant are generally minimal, such as a referral of the country to the ICC’s governing body, which could lead to a case being brought before the UN Security Council.
ICC members include all European Union countries, the UK, Canada, Japan, Brazil, and Australia. In the Middle East, the Palestinian territories and Jordan are ICC members. Israel, however, is not a member state, nor is the United States.
CAN NETANYAHU AND OTHERS ACCUSED STILL TRAVEL?
Yes, they can. The issuance of an ICC arrest warrant is not a formal travel ban. However, they risk arrest if they travel to an ICC signatory state, which may influence their decision-making.
There are no legal restrictions on political leaders, lawmakers, or diplomats meeting individuals with an ICC arrest warrant against them. Politically, though, such meetings may damage their reputations.
HOW DID THE ICC GET INVOLVED IN THIS CASE?
In 2018, Palestine referred the situation in the country to the ICC. Later, in November 2023, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti sent further referrals regarding the situation.
In January 2024, Chile and Mexico also submitted a referral to the ICC Prosecutor concerning Palestine.
WHAT HAVE NETANYAHU AND GALLANT BEEN ACCUSED OF?
Netanyahu and Gallant are accused of “war crimes, including starvation as a method of warfare, and crimes against humanity such as murder, persecution, and other inhumane acts.”
The ICC said there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of essential resources—such as food, water, medicine, and fuel—between October 8, 2023, and May 20, 2024.
The ICC also stated that Netanyahu and Gallant are responsible for causing great suffering by preventing medical supplies, including anesthesia and anaesthetics, from reaching Gaza. They are also held accountable for actions committed by Israeli forces under their command, including alleged instances of torture, violence, killing, rape, and property destruction.
WHAT HAPPENS ONCE THE ICC ISSUES AN ARREST WARRANT?
The ICC’s decisions are binding, but they rely on its members for cooperation. If Netanyahu or Gallant were to travel to any of the 124 member states, that government would be obligated to arrest and extradite them to The Hague.
Earlier, the ICC issued arrest warrants for Russian President Vladimir Putin and former Sudanese President Omar Al Bashir, which isolated them diplomatically, preventing travel to many countries.
In Netanyahu’s case, several of Israel’s allies, including Germany, France, and the UK, are ICC members. However, these countries have supported Israel, and it is unlikely they would arrest Netanyahu if he traveled to their territories.
Thus, the ICC warrant is more likely to serve as a moral victory for Palestine and increase international pressure on Israel. Netanyahu could find it difficult to travel to friendly countries without embarrassing their governments.
Still, chief ally the US isn’t a signatory and US President Joe Biden has said the prosecutor’s decision to seek arrest warrants was “outrageous.” President-elect Donald Trump is likely to take an equally dim view, with some of his cabinet picks saying the US would sanction the ICC if its judges agreed to issue warrants.
Gallant was dismissed by Netanyahu earlier in November amid reports that he had advocated for ending the fighting and negotiating the release of Israeli hostages captured by Hamas.
The European Union’s foreign policy chief, Josep Borrell, emphasised that the arrest warrants were “binding” and must be respected by ICC member states. He stated, “It is not a political decision. It is a decision of a court, of an international court of justice.”
“This decision is a binding decision and all states, all state parties of the court, which include all members of the European Union, are binding to implement this court decision,” he said after a joint news conference with Jordanian Foreign Minister Ayman Safadi.
The three judges of the ICC’s Pre-Trial Chamber I issued the warrants unanimously, with the court’s chief prosecutor, Karim Khan, stating that the crimes were committed during the ongoing war against Hamas in Gaza.
This marks the first time the ICC has issued arrest warrants for leaders of a democratic country. In response, Netanyahu accused the ICC of anti-Semitism, comparing the decision to the Dreyfus affair, where a French Jewish officer was falsely convicted of treason in the 19th century. Netanyahu insisted that Israel’s actions in Gaza were “just” and dismissed the charges as “absurd” and “false.”
The court also issued warrants for Israel’s former defence minister as well as Hamas’s military chief Mohammed Deif.
The warrants were issued in response to accusations of crimes against humanity and war crimes in the bloody conflict set off by the militant Palestinian group’s October 7, 2023 attacks and Israel’s retaliation.
Israel: New ‘Dreyfus trial’ — “The anti-Semitic decision of the International Criminal Court is comparable to the modern-day Dreyfus trial - and it will end in the same way,” Netanyahu said in a statement, referring to the 19th-century Alfred Dreyfus affair in which a Jewish army captain was wrongly convicted of treason in France before being exonerated.
US: ‘Fundamentally rejects’ — The United States “fundamentally rejects” the ICC’s decision and “we remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter,” a National Security Council spokesperson said.
Hamas: ‘Justice’ — “(It’s) an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” Hamas political bureau member Bassem Naim said.
European Union: ‘Binding’ — EU foreign policy chief Joseph Borrell said the warrants were “binding” and should be implemented. “It is not a political decision. It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented,” he said during a visit to Jordan.
Human Rights Watch: ‘Secure justice’ — “The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law. These warrants should finally push the international community to address atrocities and secure justice for all victims in Palestine and Israel.”
Israeli victims: ‘Significant’ — Yael Vias Gvirsman, who represents 300 Israeli victims of the October 7 Hamas attacks, told journalists outside the court that “this arrest warrant against Mr Deif is massively significant. It means these victims’ voices are being heard.”
She said her clients had “mixed” reactions to the arrest warrants against the Israeli leaders. “In terms of Israel facing these arrest warrants, the best thing is to face reality. An international court of law has issued a binding decision. I think the best thing to do now is to closely cooperate with the prosecutor.”
Amnesty International — ‘Wanted man’: “Prime Minister Netanyahu is now officially a wanted man,” said Amnesty’s Secretary General Agnes Callamard. “ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges.”
Italy: ‘Will evaluate’ — “We support the ICC, while always remembering that the court must play a legal role and not a political role. We will evaluate together with our allies what to do and how to interpret this decision,” Foreign Minister Antonio Tajani said.
Argentina: ‘Deep disagreement’ — Argentina “declares its deep disagreement” with the decision, which “ignores Israel’s legitimate right to self-defence against the constant attacks by terrorist organisations like Hamas and Hezbollah,” President Javier Milei posted on X.
Turkey: ‘Positive decision’ — The ICC’s decision “is a belated but positive decision to stop the bloodshed and put an end to the genocide in Palestine,” Turkish Justice minister Yilmaz Tunc said on X. “The barbaric Israeli authorities, who target our innocent Palestinian brothers and sisters... must be brought to justice as soon as possible for their war crimes and crimes against humanity.”
Norway: ‘Confidence’ — “It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards,” Foreign Minister Espen Barth Eide said.
Sweden: ‘Independence and integrity’ — “Sweden and the EU support the important work of the court and safeguard its independence and integrity,” Foreign Minister Maria Malmer Stenergard said. -- AFP
He further alleged that Khan’s decision was an attempt to shield him from accusations of sexual harassment, which Khan denied. Israeli President Isaac Herzog called the court’s move a “dark day for justice,” while Foreign Minister Gideon Saar said the ICC had “lost all legitimacy” by challenging Israel’s right to defend itself.
Hamas, on the other hand, welcomed the ICC’s move, calling it an “important step towards justice” for the victims, though it noted that the warrants would remain symbolic unless supported globally. US Congressman Mike Waltz, a close ally of former President Donald Trump, criticized the ICC, accusing it of bias.
“The ICC has no credibility, and these allegations have been refuted by the U.S. government,” Waltz wrote. “Israel has lawfully defended its people and borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC and the UN come January.”