The International Criminal Court (ICC) has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and its former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.
ICC made history with this ruling for the first time issuing an arrest warrant against any leader of any Western allied nation. But this landmark ruling may challenge its existence as the Israeli allies including the U.S. threatened to put sanctions against it.
The background of this case goes way before the 7th of October when the State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting the jurisdiction of the Court since 13 June 2014. From time to time the judiciary chamber issues investigation into the Situation of the State of Palestine. But this case got its traction when South Africa, Bangladesh, Bolivia, Comoros, and Djibouti submitted referrals in response to the Situation of the State of Palestine. Later
on 18 January 2024, ‘the Republic of Chile and the United Mexican States additionally submitted a referral’ for prosecuting Israeli leaders for war crimes and crimes against humanity.
On the ICC’s landmark ruling on 21 November, the chamber found reasonable ground to believe that, from at least 8 October until at least 20 May 2024, Israeli leaders have committed war crimes and crimes against humanity in reference to international humanitarian law. The ICC Chamber states,
“With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes 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.” – ICC
From now on, 124 countries in the world are obliged to follow the Hague by arresting these two Israeli leaders for their crimes of violating international law of war crimes and crimes against humanity. However, the U.S. and many other nations are not obliged to follow the ICC ruling, and since Hague has no police force, it solely relies on the 124 countries including all of Europe.
Because of this, Netanyahu and Gallant will have significant trouble traveling around the world. No matter if they are arrested or not, the perception has changed that certain individuals are beyond the reach of international law, as expressed by Balkees Jarrah, Senior Counsel at Human Rights Watch.
How the World Reacts?
While the rest of the world appreciates the ICC and expressed that they would follow ICC’s arrest warrant including the UK, the U.S. has rejected it.
Biden administration called it ‘outrageous’ and refused to comply with the ICC alternatively, rejecting to follow the International Law. U.S. President Joe Biden says,
“Let me be clear once again: whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security.”
There are even many U.S. officials who have threatened to put sanctions on the ICC. However, U.S. governments and officials cheerfully respected the ICC ruling when Russian President Putin got the arrest warrant for his alleged crimes in Ukraine.
Israeli PM Netanyahu has also denounced the ICC for issuing an arrest warrant against him and his former Defense Minister Yoav Gallant. This criminal even labeled ICC as ‘anti-Semitic’ as they always do towards anyone, any organization, or any country who criticizes them for their horrific crimes.
