ICC Issues Arrest Warrants for Netanyahu and Former Defense Minister
The International Criminal Court (ICC) in The Hague announced on Thursday that it has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, sparking immediate condemnation from Israeli officials and U.S. leadership.
The court’s Pre-Trial Chamber I stated there were “reasonable grounds” to believe that Netanyahu and Gallant bear criminal responsibility for war crimes and crimes against humanity committed between October 8, 2023, and May 20, 2024. The charges include using starvation as a method of warfare and intentionally directing attacks against civilian populations.
In the same announcement, the court also issued an arrest warrant for Mohammed Deif, the supreme commander of Hamas’s military wing, who Israeli Defense Forces reported was killed in an airstrike on July 13.
International Response
U.S. President Joe Biden strongly condemned the ICC’s decision, calling it “outrageous” in a White House statement. “Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas,” Biden declared.
The decision has created diplomatic ripples, with some ICC member states taking varying positions. Canadian Prime Minister Justin Trudeau stated he would enforce the arrest warrant if Netanyahu arrived in Canada, citing the country’s commitment to international law.
The Netherlands became the first country to officially declare it would honor the warrants, leading Israel to cancel a planned visit by Dutch Foreign Minister Kasper Waldekamp.
The United Kingdom, however, refused to commit to abiding by the court’s ruling, emphasizing Israel’s right to self-defense “in accordance with international law.”
Israeli Response
Netanyahu forcefully rejected the warrants, with his office calling the ICC “a biased and discriminatory political body.” The Prime Minister likened the decision to “a modern Dreyfus trial,” referring to the historically significant case of French army officer Albert Dreyfus, who was falsely convicted of espionage in a case that sparked antisemitic violence across France.
The decision has united typically opposed Israeli political figures. Opposition leader Yair Lapid stated that “these arrest warrants are a reward for terrorism.” Former Prime Minister Naftali Bennett called it “the most just of wars against pure evil,” while Knesset Speaker Amir Ohana described the warrants as “an assault on justice, truth, and the universal right of self-defense.”
The ICC has had a complex relationship with both Israel and the United States, with neither country being a party to the Rome Statute. In 2020, the ICC authorized an investigation into alleged war crimes in Afghanistan, potentially implicating US military personnel, which led the Trump administration to impose sanctions on ICC officials. The US has consistently opposed ICC jurisdiction over its citizens, passing the American Service-Members’ Protection Act (informally known as “The Hague Invasion Act”) in 2002, which authorizes the use of military force to liberate any American citizens held by the ICC. Regarding Israel, the ICC’s engagement intensified after it accepted Palestine as a member state in 2015. In 2021, the ICC opened a formal investigation into alleged war crimes in the Palestinian territories since 2014. This investigation has been controversial, with Israel maintaining that the ICC lacks jurisdiction since Israel is not a member state and Palestine’s status as a state is disputed under international law. The US has consistently supported Israel’s position, arguing that the ICC lacks legitimate jurisdiction over both nations.
Legal Implications
Legal experts have raised concerns about the ICC’s jurisdiction. As NGO Monitor legal advisor Anne Herzberg told JNS, “It’s a geopolitical bombshell. It’s the first time the court has issued arrest warrants against a Western country and also the first time that they are issuing arrest warrants when there’s no jurisdiction in the case.”
The ICC asserted its jurisdiction through the Palestinian Authority’s membership, despite Israel not being a signatory to the Rome Statute, which established the court. The 123 countries that are signatories to the Rome Statute are obligated to act on the arrest warrants, potentially limiting Netanyahu’s and Gallant’s ability to travel to these nations.
Law professor Avi Bell from the University of San Diego and Bar-Ilan University characterized the decision as “the culmination of a 15-year process, a collaboration between the ICC and the PLO to bring up Israelis on fake charges.”
Impact on International Relations
The warrants could have significant implications for international security cooperation. As Herzberg noted, the decision could affect NATO operations and Israeli security cooperation with other nations. She emphasized that the warrants might also impact other Israeli government officials and IDF members’ ability to travel internationally.
A JNS poll indicated that 84% of Israelis view the ICC as a political rather than legal body, with 12% disagreeing and 5% expressing no opinion.
The decision comes amid ongoing tensions in the region following Hamas’s October 7, 2023 attack, which resulted in approximately 1,200 civilian deaths and 251 hostages taken to Gaza, many of whom remain in captivity.
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