The International Criminal Court (ICC) on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
“The chamber has issued arrest warrants for two individuals, Mr. Benjamin Netanyahu and Mr. Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 to at least 20 May 2024,” the ICC said in a statement.
The arrest warrant for the Israeli prime minister has potentially huge implications, with Netanyahu now a “wanted person,” as Amnesty International Secretary-General Agnes Callamard put it.
The ICC’s move theoretically restricts Netanyahu’s freedom of movement, as any of the court’s 124 national members would be obliged to arrest him on their territory, while several countries have already stated that they will comply with the Hague-based court’s decision.
This significant development could not have happened without the actions of the State of Palestine, which played a key role in presenting the legal arguments and evidence that led to the issuance of the arrest warrants. Through sustained diplomatic and legal advocacy, Palestine was instrumental in bringing the alleged crimes under the ICC’s jurisdiction, which ultimately led to the Court’s intervention.
For years, Palestine has been pressuring the ICC to investigate alleged Israeli crimes, and this pressure intensified during and after the start of Israel’s war in Gaza.
After gaining UN observer state status in 2012, Palestine was able to gain access to the ICC by signing the Rome Statute, which governs the ICC, in 2015. Since then, the State of Palestine has been working continuously to bring Israeli violations under the ICC’s jurisdiction, starting in 2018, when the Palestinian Authority formally requested the ICC to investigate serious crimes committed in Palestine since June 13, 2014.
The sheer brutality of Israel’s recent war in Gaza has given new impetus to Palestine to press the ICC to act, as Palestinian leaders have presented detailed evidence of civilian casualties, the destruction of infrastructure, and the widespread human suffering caused by the Israeli military.
In particular, Palestine’s legal submissions highlighted the deliberate targeting of civilians and critical infrastructure by Israeli forces. The dossier submitted by Palestine included testimonies, videos and data demonstrating the systematic disregard for international humanitarian law in Gaza. These submissions helped persuade Prosecutor Karim Khan to seek arrest warrants for senior Israeli officials, including Netanyahu and Gallant, holding them responsible for the escalation and its humanitarian consequences.
What they are accused of:
The ICC has indicted Netanyahu and Gallant for war crimes and crimes against humanity.
These include war crimes such as the use of starvation as a method of warfare, specifically depriving the civilian population of Gaza of basic resources such as food, water, medicine and medical supplies.
They also include crimes against humanity, such as murder, persecution, and “inhumane acts,” as well as the deliberate targeting of civilians in military operations.
For Israel, the arrest warrants could potentially lead to major diplomatic challenges.
As mentioned above, Netanyahu could face restrictions on international travel, particularly to countries that are members of the ICC. This could complicate Israel’s foreign relations and hinder Netanyahu’s ability to engage in international diplomacy.
The charges could also increase scrutiny of Israeli military operations and potentially weaken Israel’s standing in international forums, with the warrants acting as a trigger for pending cases against Israel over issues such as arms sales.
Arrest warrants make it much easier to make legal arguments that Israel is violating international humanitarian law, which in turn makes it more difficult for many Western allies to sell weapons to Israel.
For the State of Palestine, the issuance of these arrest warrants is a diplomatic victory that strengthens its standing in international bodies. It is the first time since the beginning of the conflict that Israeli leaders have been held to account on a global level.
However, this move carries the risk of a possible backlash from Israel’s powerful allies, especially the US, which recently passed a law threatening to cut off funding to the Palestinian Authority if it takes legal action against Israel through the International Criminal Court!!! Another admirable act of US democracy!!!
So the International Criminal Court has taken the step. Don’t expect justice. The prosecution will only demonstrate the inability of these international institutions to act independently and for the right reasons.
