Chief Prosecutor Karim Khan asked the court in May to issue arrest warrants for the Israeli Prime Minister, Israel’s former Defense Minister Yoav Gallant, and Hamas leadership.
On Thursday, the official arrest warrant from the court in The Hague was issued. It pertains to both Netanyahu, Gallant, and the deceased Hamas leader al-Masri, reports Reuters.
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CHIEF PROSECUTOR: British Karim Khan is the chief prosecutor at the International Criminal Court (ICC), which can prosecute individuals accused of war crimes, crimes against humanity, genocide, and acts of aggression.
Photo: Peter Dejong (AP)
Allegations of War Crimes
The arrest warrant concerns alleged war crimes. It states, among other things, that there is reasonable grounds to believe that Netanyahu and Gallant approved attacks on civilians in the Gaza Strip.
There are also allegations that the Israeli Prime Minister and Defense Minister may have used starvation as a weapon in the war.
Large parts of the Gaza Strip have been reduced to rubble, 90 percent of the residents are internally displaced, and the UN has repeatedly warned of famine due to Israel not allowing enough humanitarian aid in.
The arrest warrant from the ICC also raises claims of murder, persecution, and other inhumane acts.
It is a lie and antisemitic, claims Netanyahu’s office in a statement.
– Israel rejects the absurd lies that the ICC has raised against us, it states. Netanyahu’s office also emphasizes that Israel will not “yield to pressure” and that the war in Gaza will continue until they have won against Hamas.
The International Criminal Court (ICC)
* The International Criminal Court (ICC) was established in 2002 and is the world’s first permanent international court that prosecutes individuals accused of war crimes, crimes against humanity, genocide, and acts of aggression.
* The court is based in The Hague in the Netherlands.
* British Karim Khan is the Chief Prosecutor.
* 124 countries and territories are members, but not countries like the USA, Russia, China, India, and Israel.
* Since its inception, 31 cases have been brought before the ICC, resulting in ten convictions and four acquittals.
* Over the years, the ICC has issued arrest warrants for around 40 individuals.
* Five men have been found guilty of war crimes, all African militia leaders. Sentences have ranged from 9 to 30 years in prison.
* The ICC should not be confused with the UN’s highest judicial body, the International Court of Justice (ICJ), which deals with legal disputes between states.
* On November 21, 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and deceased Hamas leader Mohammed al-Masri, also known as Mohammed Deif.
* The ICC’s prosecution office requested such an arrest warrant as early as May 20, 2024.
Source: NTB
Rare Move
An arrest warrant from the ICC essentially imposes a legal obligation on the court’s member states to arrest and transfer those involved to The Hague if they should find themselves on their territory.
The ICC has the authority to prosecute individuals for international crimes where the national judiciary is either unwilling or unable to act. Even
It is extremely rare for the ICC to issue arrest warrants against sitting heads of state, but the court has previously done so against Russia’s President Vladimir Putin.
It is virtually universally acknowledged that heads of state have full personal immunity. This is not derived from written rules but from customary international law, according to Lovdata. This essentially means that heads of state cannot be prosecuted for crimes committed while in power – including torture, genocide, or crimes against humanity.
– Obligated to Arrest Them
Ultimately, it will therefore be up to each individual state to weigh which obligations they consider most significant. Norway’s Foreign Minister Espen Barth Eide (Ap) has previously been clear that the government and Norway must accept any potential arrest warrant for Netanyahu and the Hamas leaders.
– If he or any of the Hamas leaders who are also indicted were to appear in Norway, we are legally obligated to arrest them. The same applies to all European countries except for Turkey, Barth Eide said in May.
This view was reiterated by Eide on Thursday.
– It is important that the ICC carries out its mandate in a proper manner. I trust that the court will handle the case further based on fundamental due process guarantees, the foreign minister stated in a message to NTB.
Israel Furious
The ICC stated in Thursday’s announcement that it is not a prerequisite for Israel to accept the court’s jurisdiction. Israel has previously sought to halt the ICC’s arrest warrant for Netanyahu, but to no avail.
In his speech to the UN in September, Netanyahu also claimed that such an arrest warrant would be an example of antisemitism. – Given the antisemitism that prevails in the UN, it should not surprise anyone that the prosecutor at the International Criminal Court (ICC) is considering issuing an arrest warrant against me and Israel’s Defense Minister, Netanyahu said at that time.
Thursday’s arrest warrant has led to further reactions among the Israeli elite. Former Prime Minister Naftali Bennett describes the ICC’s arrest warrant as a disgrace, while opposition leader Yair Lapid says it rewards terrorists. Israel’s Foreign Minister claims the court has “lost all legitimacy,” while President Isaac calls the decision “absurd.”
Serious Allegations Against Hamas
The ICC’s arrest warrant, however, does not only concern Israeli leaders. The deceased Hamas leader also faces serious allegations of war crimes and crimes against humanity.
The court believes al-Masri, as a Hamas leader, can be held accountable for the mass killings of civilians in Israel during the October 7 attack last year. They also believe he is responsible for the abduction of around 250 hostages on the same day, several of whom have lost their lives or have yet to return home.
The arrest warrant states that some of these hostages, mainly women, were subjected to sexual abuse while in captivity in Gaza. Some are also said to have been tortured, according to the ICC.
Al-Masri is identified as a key player in the planning of the terrorist attack against Israel.
Nonetheless, the Hamas leadership is pleased with the decision from the Hague court on Thursday. A senior spokesperson for the group says Israel is finally “forced to face the truth,” and that today’s arrest warrant favors the Palestinian cause.
– The arrest warrant from the ICC is an important step towards justice, but the consequences will be limited if it is not followed up with action, the statement from Hamas reads.
Skyrocketing Death Toll
The arrest warrant from the ICC comes on the same day that the death toll in the Gaza Strip has exceeded 44,000 dead Palestinians. Additionally, over 104,000 Palestinians have been injured in the war. The figures have been collected by Gaza’s health department, but are considered credible by the UN and other aid organizations.
The overview of the dead and injured does not include thousands of people who are missing, many of whom are believed to be buried in the ruins of bombed buildings in the Gaza Strip. Nor does it include Palestinians who have died as a result of other consequences of the war, such as illness and lack of food and medicine.
The war began when Hamas and several other Palestinian groups launched an attack on southern Israel on October 7 last year. 1,206 people were killed, both Israelis and foreigners, most of whom were civilians. About 250 people were simultaneously taken hostage and abducted to Gaza. Approximately 100
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Over 44,000 killed in the war in Gaza, according to Palestinian health authorities
What are the potential consequences for Israeli leaders if the ICC warrants are enforced?
Time.news Interview: Examining the Recent ICC Arrest Warrants with Dr. Emily Hart, International Law Expert
Editor: Welcome, Dr. Hart. Thank you for joining us today. The International Criminal Court (ICC) has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and the deceased Hamas leader Mohammed al-Masri. This has sent shockwaves through international politics. Can you start by explaining the context behind these warrants?
Dr. Hart: Absolutely, and thank you for having me. The ICC operates under the premise of holding individuals accountable for serious international crimes, such as war crimes and crimes against humanity. These warrants stem from allegations that Netanyahu and Gallant approved attacks that resulted in civilian casualties in Gaza and potentially employed starvation as a method of warfare. The situation in Gaza is dire—as you may have heard, 90 percent of its residents are currently displaced, and humanitarian aid is critically limited.
Editor: It’s a complex scenario. What specific allegations are laid out against both Israeli officials?
Dr. Hart: The ICC’s arrest warrant indicates there’s reasonable grounds to believe both men are implicated in committing acts that could amount to war crimes, particularly concerning the impact on civilians. The court highlights accusations of murder, persecution, and inhumane acts, amidst the backdrop of a conflict that has devastated large parts of the Gaza Strip. These serious allegations suggest a pattern of behavior that the ICC finds troubling.
Editor: History shows us that it’s quite rare for the ICC to issue arrest warrants against sitting heads of state. What implications does this have for international law and diplomacy?
Dr. Hart: You’re correct. Such a step is unprecedented and implies a heightened recognition of the principle that leaders cannot evade justice simply due to their positions. While traditional international law provides a certain immunity to heads of state, the ICC’s action suggests a shift, where accountability may take precedence, especially if national courts fail to act. It also raises the stakes for member countries, obligating them to arrest these individuals should they enter their territory.
Editor: Israel has responded fiercely, denouncing the charges as antisemitism and asserting that the ICC’s jurisdiction does not apply to them. How does that align with the court’s operations?
Dr. Hart: This is a critical part of the conversation. The ICC’s jurisdiction is not contingent on a country’s acceptance; it can pursue cases based on the alleged crimes. While Israel has contested its legitimacy, such claims often reflect broader geopolitical concerns rather than legal realities. The ICC has previously faced pushback, particularly from powerful states, but it continues to function as a key player in international law.
Editor: In your assessment, how will this impact the political landscape in the Middle East?
Dr. Hart: The issuance of these warrants could fuel further tensions, especially amid an already volatile environment. Israel may deepen its narrative of victimization and mistrust towards international bodies, while it could compel some nations to take a firmer stance on war crimes. On the other side, it provides a semblance of accountability for Hamas as well, as the court also alleges serious crimes committed by its leadership, including those relating to hostage situations that involved egregious human rights abuses.
Editor: Given the ICC’s mandate, what outcomes might we anticipate moving forward?
Dr. Hart: The legal process is complex and often lengthy. There may be appeals, efforts to undermine the ICC’s authority, and diplomatic maneuvering from nations regarding these arrest warrants. It’s possible we could see the indictments fading into the background against the ongoing backdrop of conflict unless there’s significant international pressure or a shift in the political will within member states to act on the warrants.
Editor: Thank you, Dr. Hart. This has been an enlightening discussion amid a complicated and evolving situation. Your insights are invaluable as we navigate these significant developments in international law and relations.
Dr. Hart: Thank you for having me, and I look forward to seeing how this intricate scenario unfolds.
