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International Criminal Court arrest warrants for Israeli leaders

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Not to be confused with South Africa's genocide case against Israel or Trial of Benjamin Netanyahu.

Benjamin Netanyahu (left) and Yoav Gallant (right). Both had arrest warrants issued against them by the ICC.

On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Israel–Hamas war.[1][2] The warrant against Netanyahu is the first against the head of government of a major Western ally.[3]

124 ICC member states are now required to arrest Netanyahu and Gallant if they enter their territory, including France and the United Kingdom.[4] The ICC also issued an arrest warrant for Hamas military commander Mohammed Deif, who was reportedly killed in an Israeli airstrike on 13 July 2024.[a] An additional possible effect these arrest warrants have is that additional warrants may be issued against Israeli senior IDF officers fighting in Gaza.[7][8]

Background

Main article: International Criminal Court investigation in Palestine
The premises of the International Criminal Court in The Hague, Netherlands

The ICC was established in 2002 to prosecute war crimes, crimes against humanity, genocide, and the crime of aggression when member states are unwilling or unable to do so. It can also prosecute crimes committed by nationals or on territory of any of its 124 member states. It currently is also investigating crimes committed in Ukraine, Uganda, and others. The Palestinian territories were admitted as a member state in 2015, allowing for the investigation even though Israel is not a member and does not recognize its jurisdiction.[9]

All of the 124 member states of the ICC are obliged by their agreements to the courts founding statute to arrest and hand over any individual with an active ICC arrest warrant, if they are identified in their territory. However, the court has no means of enforcing an arrest and has no police force, and can only potentially sanction a non-cooperative member state.[10]

On 20 December 2019, ICC prosecutor Fatou Bensouda announced an investigation into war crimes allegedly committed in Palestine by members of the Israel Defense Forces or Hamas and other Palestinian armed groups since 13 June 2014.[11][12] Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff.[13]

Israel–Hamas war

Main article: War crimes in the Israel–Hamas war
Further information: Israeli war crimes in the Israel–Hamas war and Hamas war crimes

On 12 October 2023, during the 2023 Israel–Hamas war, ICC chief prosecutor Karim Khan stated that both war crimes committed by Palestinians on Israeli territory and by Israelis on Palestinian territory would be within the jurisdiction of the ICC's Palestine investigation.[14] On 29 December 2023, South Africa filed a case against Israel at the International Court of Justice, alleging that Israel's conduct amounted to genocide.[15]

In late April 2024, ICC staff interviewed Palestinian hospital staff from the Gaza Strip about possible war crimes.[16][17]

Arrest warrants

On 20 May 2024, Khan announced that he would file applications for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh and Israeli leaders Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.[18][19][20] The request for a warrant against Haniyeh was withdrawn following his assassination on 31 July 2024, and the request for a warrant against Sinwar was withdrawn following his killing on 16 October 2024.[21][22] The prosecutor stated that he was trying to confirm the alleged killing of Deif on 13 July 2024, in which case the warrant request would be withdrawn.[23]

On 21 November 2024, the ICC's Preliminary Chamber I's Judges Nicolas Guillou (Presiding, France), Reine Alapini-Gansou (Benin) and Beti Hohler (Slovenia)[24] issued arrest warrants under request from chief prosecutor Khan in regards to "the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza"[25][26] for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif.[1]

Pre-Trial Chamber I stated that it found reasonable grounds that from "8 October 2023 until at least 20 May 2024" Netanyahu and Gallant bear criminal responsibility "as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts" and "as civilian superiors for the war crime of intentionally directing an attack against the civilian population."[25] and that Deif bears direct and command responsibility "for the crimes against humanity of murder, extermination, torture, and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other form of sexual violence". It found reasonable grounds that "the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel".[22]

Starvation as a weapon of war

One of the key allegations was the "use of starvation as a weapon of war".[27][28][29][30][31] The use of starvation as weapon of war is banned by the United Nations.[32] Since then it was used in both Gaza and Sudan.[33] In mid 2023 German government officials also accused Russia of using hunger as a weapon.[34][35] Yoav Gallant made a public speech in early October 2024 saying, ‘there will be no more electricity, no more food, no more fuel … We are fighting against human animals and will behave accordingly’.[36][37][38] A few weeks before that the arrest warrants were issued, there were also reports of looting occurring in areas controlled by the IDF.[39][40]

International law professor Eliav Lieblich of Tel-Aviv University characterised the decision as "the most dramatic legal development in Israel's history", referring to his view that all 124 States Parties to the Rome Statute, including "most of Israel's closest allies", were legally obliged to arrest Netanyahu and Gallant if they are present in their territories.[41] International law professors Matthias Goldmann and Kai Ambos said to Der Tagesspiegel that Germany was legally obliged to enforce the arrest warrants.[42]

US defense lawyer and professor Alan Dershowitz stated that the rule of law had been "disgraced" by the ICC's decision. He condemned the "false charges" and announced his intention to assemble a team of prominent lawyers to defend Israeli leaders in The Hague.[43] Canadian human rights advocate and former justice minister Irwin Cotler criticized ICC Prosecutor Karim Khan for his approach toward Israeli leaders, asserting that Khan violated principles of cooperation and complementarity by issuing arrest warrants for them while being lenient toward Venezuelan leader Nicolás Maduro.[44]

Reactions

Prime Minister of Israel
@IsraeliPM
 X logo, a stylized letter X

The antisemitic decision of the International Criminal Court is a modern Dreyfus trial – and will end the same way.

Israel utterly rejects the false and absurd charges of the International Criminal Court, a biased and discriminatory political body.

https://www.gov.il/en/pages/spoke-hague211124

21 November 2024[45]

Governments

Domestic

  •  Hamas: Hamas political bureau member Basem Naim welcomed the ICC's decision to issue arrest warrants for Netanyahu and Gallant as an "important step towards justice" and called on the ICC to expand its scope to other Israeli officials.[6] Hamas did not mention the warrant for Mohammed Deif.[6][46]
  •  Israel: The Israeli prime minister's office called the ICC arrest warrants against Netanyahu "antisemitic" and compared it to the Dreyfus affair.[47]
Foreign Minister Israel Katz claimed that the "ICC had lost its legitimacy." Knesset Foreign Affairs and Defence Committee Chairman Yuli Edelstein said that it was "a shameful decision by a political body held captive by Islamist interests."[46]
Israeli opposition leader Yair Lapid condemned the ICC's decision.[6]
  •  Palestinian Authority: The Palestinian Authority praised the ICC's decision and said that it "restores hope and confidence in international law and its institutions, and in the importance of justice, accountability and the prosecution of war criminals".[48]

Following Israeli accusations about the neutrality of Judge Beti Hohler, the ICC responded that Hohler had no prior involvement in investigations related to Palestine while at the Office of the Prosecutor. Hohler added that she had "not accessed any documents, evidence, or secret files related to the matter."[49]

International

  •  European Union: Foreign Policy chief Josep Borrell called on all EU member states to respect and implement the ICC's decision, arguing that the ICC's decision was not political.[50]
  •  Algeria: The Foreign Ministry issued a statement in regards to the Israelis that read "this action, long advocated by Algeria through President Abdelmadjid Tebboune, marks a significant step toward ending decades of impunity."[51]
  •  Argentina: President Javier Milei said that Argentina "declares its deep disagreement" with the ICC's decision and that the arrest warrant "ignores Israel's legitimate right to self-defense".[50]
  •  Australia: Foreign Minister Penny Wong stated in an X post that the Australian government "respects the independence of the ICC and its important role in upholding international law".[52]
  •  Austria: Foreign Minister Alexander Schallenberg called the ICC arrest warrant "incomprehensible and ludicrous". However, Schallenberg's office also recognized that Austria, as a party of the Rome Statute, is obliged to implement ICC arrest warrants.[50]
  •  Belgium: The Foreign Ministry said it "fully supports" international law and “will comply with” the warrant.[53]
  •  Bolivia: Foreign Minister Celinda Sosa stated that Bolivia welcomes the decision, which she described as "further compelling evidence of the genocide against the Palestinian people".[54]
  •  Bulgaria: The Foreign Ministry, while giving its support to the "independence, integrity and objectivity" of the ICC, argued that the arrest warrants fail to distinguish between Israel and Hamas.[55]
  •  Canada: Prime Minister Justin Trudeau said that Canada would "abide by international law".[50]
  •  Chile: In a statement, the Foreign Ministry wrote that it supports the work of the ICC and hopes that all states would "cooperate with its investigation and decisions", while calling on all parties in the conflict to "put an end to the grave violations of international humanitarian law and human rights".[56]
  •  Colombia: President Gustavo Petro wrote that the ruling was "logical" and "must be complied with", calling Netanyahu "genocidal".[57] He also stated that if U.S. President Joe Biden ignores the order, it would "lead the world into barbarism", and further called on Western European leaders to comply with the warrant.[58]
  •  Czech Republic: Prime Minister Petr Fiala called the order "unfortunate" and said it "undermines the authority" of the ICC in other cases. Foreign Ministry spokesperson Daniel Drake stated that the country "observes and will observe" its international legal obligations, and that Czech legal authorities will decide on the implementation of the arrest warrants.[59]
  •  Denmark: Foreign Minister Lars Løkke Rasmussen told media that Denmark is "a firm supporter" of the ICC and its independence, and that the country "naturally" would comply with its obligations under international law.[60]
  •  Egypt: Foreign Minister Badr Abdelatty emphasized the necessity of respecting decisions made by international bodies, including the ICC arrest warrant for Netanyahu and Gallant.[61]
  •  Estonia: Foreign Minister Margus Tsahkna acknowledged the arrest warrants and Estonia's obligations as a state party to the ICC, but also voiced scepticism that the order would contribute to "a lasting peace in the Middle East."[62]
  •  Finland: Foreign Minister Elina Valtonen said that Finland supports the work of the ICC and "defends a system built upon the basic principles of international law, adheres to international law and supports international courts."[63]
  •  France: Foreign Ministry spokesperson Christophe Lemoine said that France would act "in line with the ICC's statuses", but declined to say whether Netanyahu would be arrested if he entered France, stating that it's "legally complex".[50] Foreign Minister Jean-Noël Barrot later appeared to confirm that the wanted subjects would be arrested if they enter French soil, responding to a direct question that "France will always apply international law."[64]
  •  Germany: A government spokesperson stated that Germany will "carefully examine" the arrest warrants for Netanyahu and Gallant, but that further steps would not be taken until a visit by any of the two to the country. The spokesperson further said that Germany is one of the "biggest supporters" of the ICC, but also recalled the close relationship between Germany and Israel.[50]
  •  Greece: Government spokesperson Pavlos Marinakis expressed disapproval with the arrest warrants against Netanyahu and Gallant, saying that the ICC's decision "will solve no problem."[65] When asked if Greece would still follow its obligations as per the Rome Statute and implement the warrants if the subjects should enter the country, Marinakis refrained from giving a direct answer.[66]
  •  Hungary: Prime Minister Viktor Orbán said he would not carry out the warrants,[67] calling them "brazen and cynical" and accusing the ICC's order of being issued "for political purposes". He further invited Netanyahu to visit Hungary and defy the arrest warrant. Foreign Minister Péter Szijjártó condemned the ICC's decision as "shameful and absurd".[50]
  •  Iceland: Foreign Minister Þórdís Kolbrún R. Gylfadóttir said that Iceland respects the ICC's decision.[68]
  •  Indonesia: The Foreign Ministry supported the arrest warrant as an important step to achieve "justice for crimes against humanity and war crimes in Palestine", further emphasizing that the warrants "must be carried out" in accordance with international law.[69]
  •  Iran: Islamic Revolutionary Guards Corps General Hossein Salami said: "This means the end and political death of the Zionist regime, a regime that today lives in absolute political isolation in the world and its officials can no longer travel to other countries."[70] Supreme leader Ayatollah Ali Khamenei later stated his opinion that a war crimes case against Netanyahu and Gallant was insufficient, and that "the death sentence of these criminal leaders should be issued."[71]
  •  Iraq: Government spokesperson Basim al-Awadi expressed support for the arrest warrants against Netanyahu and Gallant, calling the ICC's decision "courageous and just".[72]
  •  Ireland: Prime Minister Simon Harris called the arrest warrants "an extremely significant step", while affirming Ireland's respect for the ICC and stating that anyone in a position to assist it in its work must do so "with urgency."[50]
  •  Italy: Foreign Minister Antonio Tajani said that Italy supports the ICC, and that it would consider with allies how to interpret the decision and act.[50] Separately, Defense Minister Guido Crosetto said that if Netanyahu and Gallant "were to come to Italy, we would have to arrest them".[73]
  •  Jordan: Foreign Minister Ayman Safadi said the ICC's decision must be respected and implemented and that "Palestinians deserve justice".[50]
  •  Lebanon: The Foreign Ministry welcomed the decision to issue arrest warrants for Netanyahu and Gallant, stating that it "restores respect for international legitimacy and the concept of justice and international laws" and constitutes "a clear condemnation of the crimes committed by Israel against civilians."[74]
  •  Lithuania: The Foreign Ministry confirmed that the arrest warrant would be executed.[75]
  •  Malaysia: Prime Minister Anwar Ibrahim stated that his country welcomes the ICC's decision, which he described as "a victory for those who uphold justice and humanity".[76]
  •  Namibia: The Foreign Ministry welcomed the decision to issue arrest warrants against Netanyahu and Gallant, and called on all UN member states to cooperate with the ICC.[77]
  •  Netherlands: Foreign Minister Caspar Veldkamp declared that the Netherlands "implements the Rome Statute 100 percent", becoming the first country to say that it is prepared to act upon the ICC arrest warrants.[6]
  •  New Zealand: Prime Minister Christopher Luxon stated, “We believe in the international rules-based system, we support the ICC, and we would be obligated to do so."[78]
  •  Norway: Foreign Minister Espen Barth Eide stated, "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."[50] State Secretary Andreas Kravik later confirmed to media that, if Netanyahu or any other subject of an ICC arrest warrant enters Norway, the country will "arrest and extradite the person concerned."[79]
  •  Paraguay: In a press release, the Foreign Ministry said that it "regrets" the arrest warrants against Netanyahu and Gallant, adding that the Paraguayan government "energetically rejects" what it considers to be "the political instrumentalization of international law".[80]
  •  Portugal: Foreign Minister Paulo Rangel assured that Portugal will comply with its international obligations "if that question arises" regarding the enforcement of ICC arrest warrants against Netanyahu and Gallant.[81][82]
  •  Romania: The Foreign Ministry published a post on X saying that it supports international law and the independence of the ICC, while also arguing that "there is no equivalence" between Israel on the one hand, and Hamas and Hezbollah on the other.[83]
  •  Slovenia: Prime Minister Robert Golob stated that Slovenia "will fully comply" with the arrest warrants.[84]
  •  South Africa: South Africa welcomed the ICC's decision and called it a "significant step toward justice for crimes against humanity and war crimes in Palestine".[50]
  •  Spain: The Foreign Ministry stated that Spain "respects" the ICC's decision, confirming that the country "will comply with its commitments and obligations in relation to the Rome Statute and international law".[85]
  •  Sweden: Foreign Minister Maria Malmer Stenergard stated that her country and the EU "support the court's important work and protect its independence and integrity", adding that Swedish legal authorities will decide on the arrest of subjects of ICC warrants.[50]
  •   Switzerland: The Federal Office of Justice said that it is obliged to cooperate with the ICC as per the Rome Statute, and therefore would arrest Netanyahu, Gallant or Masri if they entered Switzerland.[50]
  •  Turkey: President Recep Tayyip Erdoğan stated that they support the International Criminal Court's arrest decision against Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, and called on 124 ICC member states to arrest Netanyahu and Gallant.[86]
Foreign Minister Hakan Fidan called the ICC arrest warrant "hopeful" and a crucial step in bringing Israeli authorities to justice for their "genocide" against Palestinians, adding: "We will continue to work to ensure that international law is implemented to punish genocide."[50]
  •  United Kingdom: Prime Minister Keir Starmer's spokesperson said that the British government respects the independence of the International Criminal Court and indicated that Netanyahu would face arrest if he entered the United Kingdom.[87][88][89]
Ruling Labour Party MPs and other opposition leaders from the Liberal Democrats' Ed Davey, Independent Jeremy Corbyn supported the ICC's decision, while some called for either sanctions or a ceasefire as well.[90] The main opposition party, the Conservative Party, urged Starmer to condemn the arrest warrants, calling them "concerning and provocative".[91]
  •  United States: The White House said the United States "fundamentally rejects" the ICC's decision to issue arrest warrants, and added that "the ICC does not have jurisdiction over this matter".[50] President Joe Biden called the arrest warrant for Netanyahu "outrageous".[92]
Senator Lindsey Graham (R-SC) called the ICC a "dangerous joke"[93] and for sanctions on the ICC in a bill already proposed.[94] He also wrote on social media, calling on Senator Chuck Schumer (D-NY) "that Congress "needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it."[95] Representative Mike Waltz (R-FL) added that "The ICC has no credibility and these allegations have been refuted by the US government." Representative Tom Cotton (R-AR) called for military force, according to the domestic law The Hague Invasion Act, to use "all means necessary and appropriate." Senator John Fetterman (D-PA) wrote on social media that the ICC has: "No standing, relevance, or path. Fuck that." His colleagues, Representative Jared Moskowitz (D-FL) accused the ICC of having an "antisemitic double standard," Senator Jacky Rosen (D-NV) called on Biden to "use his authority to swiftly respond to this overreach" and Representative Ritchie Torres (D-NY) accused the ICC of "criminalizing self-defence." On the other hand, Representative Rashida Tlaib (D-MI) said: "The International Criminal Court’s long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending."[96] Senator Bernie Sanders (I-VT) expressed his support for the warrants, describing the ICC's charges as well-founded and warning that "If the world does not uphold international law, we will descend into further barbarism."[97] Dearborn mayor Abdullah Hammoud stated that he will uphold the ICC's decision and local police would arrest Netanyahu if he entered the city, despite the U.S. not being a party member of the ICC.[98]

See also

Notes

  1. ^ The ICC argued that it was unable to determine whether Deif had been killed, and was therefore issuing the warrant for his arrest.[5][6]

References

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