Israeli Concerns Over Possible ICC Arrest Warrant for Top Officials Including Benjamin Netanyahu

2024-05-03 01:41:15

Subtitle, Benjamin Netanyahu could be among the officials included in the ICC’s arrest warrant.

1 hour

Israeli officials are concerned that the UN’s top criminal court could issue arrest warrants for its top military and political leaders on suspicion of war crimes.

Some reports suggest that the Prime Minister Benjamin Netanyahu could be among them.

International Criminal Court (ICC) investigating Israel’s activities in the occupied territories over the past three years and, more recently, the activities of the Palestinian group Hamas as well.

It has the power to charge and try people for crimes under international law.

In the past he has issued arrest warrants against leaders such as Russian President Vladimir Putin, Libyan President Muammar Gaddafi, and military personnel such as Ugandan Joseph Kony.

Netanyahu has hinted at the possibility of top Israelis joining the ICC’s wish list “outrage of historic proportions”accusing the court of trying to paralyze his country’s ability to defend itself.

The fact that he has chosen to comment publicly on this matter suggests that the issue is being actively discussed behind the scenes.

Subtitle, Israel does not recognize the jurisdiction of the International Criminal Court.

A clear message

Although the ICC has not confirmed anything, when the chief prosecutor Karim Khan visit to Israel and the occupied West Bank last December, his message was clear.

The British lawyer visited the sites of Hamas attacks on Israeli villages near the Gaza fence on 7 October.

He also met with political leaders and traveled to Ramallah to speak with families of Palestinian victims about their experiences in Gaza and the West Bank.

Khan condemned the violence suffered by civilians on both sides and he promised to investigate the facts.

“All actors must respect international humanitarian law,” he clarified in a statement at the time. “If you don’t, don’t complain when my office has to act.”

Khan said the October 7 attacks – in which gunmen led by Hamas killed around 1,200 people, mostly civilians, and took 253 hostages – represented “some of the most serious international crimes that shock the conscience of humanity.” to face.

In the case of Israel, he emphasized the obligation to carry out its military operation in Gaza according to “a clear legal parameter that governs armed conflicts.”

Israel was accused of failing to protect civilians during the bombing in Gaza, although he insists that he takes all necessary measures to avoid casualties.

The Health Ministry of the Hamas-run Palestinian territory says more than 34,500 people have died there since the war began, many of them children and women.

Khan also emphasized the need for humanitarian aid to reach Gaza, with access to food, water and medical supplies as a basic right for civilians. “without further delay, and at speed and scale.”

He also urged Hamas not to divert or misuse supplies when they arrived, following accusations from Israel that its members were looting trucks and stealing aid, preventing it from reaching the general population.

Subtitle, More than 30,000 people have died in the conflict in Gaza, which began last October.

Jurisdiction of the ICC

Israel is not a member of the ICC and the court says he has no jurisdiction about the country.

But the court ruled that it has had jurisdiction since 2015 over the West Bank, East Jerusalem and Gaza after the Palestinians ratified their founding treaty, the Rome Statute, as the State of Palestine.

No Western-style democracy has previously obtained an ICC arrest warrant against any of its leaders. If it happens to Netanyahu, he will be the first. Israelis are particularly concerned because of potential stigma and isolation what would it mean.

Michael Oren was Israel’s ambassador to the United States from 2009 to 2013.

In an interview with the BBC, he spoke about the case that South Africa recently brought before the International Court of Justice (ICJ), in which it accused Israel of genocide against the Palestinian population in Gaza, a charge that the country rejects.

In January, the court issued a temporary ruling that ordered Israel to take measures to prevent acts of genocide in Gazabut he did not wait to tell him to stop his military aggression.

“Israel emerged relatively unscathed from those procedures, but the fact that they were carried out meant that Israel had lost the battle,” he told the BBC.

“They should not stop at all, and it is certainly a blow to our international position and our security. Because a country whose leaders are accused of war crimes is more vulnerable.”

Subtitle, The ICC also cited Israel for allegedly not allowing humanitarian aid to reach Gaza.

It affects both parties in the conflict

Geoffrey Nice, another British lawyer, led the prosecution of former Serbian president Slobodan Milosevic for war crimes at the International Criminal Tribunal for the Former Yugoslavia.

He points out that the actions of both parties in this conflict are under the ICC’s scrutiny.

“Any investigation will not only affect the Defense Forces and the political and military leaders of that country, but also Hamas” he told the BBC.

He also addressed recommendations made by the ICC which may be under political pressure to rethink your decision making.

“Governments around the world, especially large and powerful governments, exist to protect the interests of their countries.

“Therefore, if they see that a trial or an investigation is approaching … that would seriously damage their reputation as a country, and if they consider that they could interfere with the trial or the investigative processes to save themselves from damage their reputation, then they will do it, because they are acting in the interest of their country.

The time frame for issuing orders can vary, with weeks or even months sometimes elapsing between the time the ICC prosecutor requests it and the judges grant it.

Sometimes details can be kept secret if it is thought that making them public would reduce the chances of arrest.

Such a move would also have practical implications against Netanyahu, his political associates or Israeli military commanders.

affect your ability to travelthe Rome Statute requires nations to hand over people against whom there are arrest warrants.

However, some of these nations have ignored ICC orders in recent years.

Former Israeli ambassador Michael Oren believes that the final impact would be much wider and would change the story of Israeli society.

“Generally, [la sociedad israelí] love answers. Does not respond to the attack. “If you want to get concessions from the Israelis, don’t hit them in the head, hug them,” he said.

“All these measures tend to move the political needle in this country to the right and not the other way around. It would have a boomerang effect, and instead of opening paths to a possible diplomatic process, it is likely to close them .”

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