The International Criminal Court (ICC) on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, and former Defence Minister Yoav Gallant, over the ongoing Israel-Hams war.
The ICC also issued a warrant for Hamas military commander Mohammed Deif.
The ICC claims there are reasonable grounds to believe that Netanyahu and Gallant bear responsibility for crimes such as persecution and starvation as a method of warfare, while Deif faces charges of murder, torture, and taking hostages.
They are expected to be arrested and taken to the Hague, Netherlands to face prosecution.
Photo: Victims of Hamas 7 October attack
Israel has condemned the ICC’s decision, with Netanyahu’s office comparing it to the infamous Dreyfus trial and calling it antisemitic.
Israeli President Isaac Herzog also criticized the ruling, accusing the ICC of siding with terrorism.
But the proscribed Palestine militant group Hamas has welcomed the warrants, calling them a historic precedent against injustice.
However, Naija Daily News checks revealed that the warrants’ effectiveness hinges on the ability of the ICC member states, which excludes Israel and the United States, to enforce it.
Timeline:
The warrants are related to actions taken from at least October 8, 2023, to at least May 20, 2024, which covers the October 7, 2023, Hamas-led attack on southern Israel and the subsequent Israeli military response in Gaza.
During the October 7, 2023 attacks, over 1,200 Israelis were killed, including attendees at a music festival in Southern Israel. Over 200 Israelis were taken hostage by Hamas militants who celebrated the attacks and even made videos of their victims. Some 100 more abductees remain in Hamas custody; many others have also died in custody.
In response, the Israeli government has launched a brutal campaign against Lebanese in Gaza, killing about 44,000 persons, mostly women and children, according to figures released by the Gaza Health Ministry.
ICC’s Jurisdiction:
The ICC rejected Israel’s challenge to its jurisdiction, stating that Israel’s acceptance of the court’s jurisdiction was not required. The court maintains its jurisdiction over Gaza and the occupied West Bank based on Palestinian accession to the Rome Statute.
Casualties: The Israel-Hamas conflict has resulted in significant casualties, with over 44,000 deaths in Gaza and more than 1,200 deaths in Israel, mostly during the October 7 attack.
This development has drawn international attention and could complicate efforts to negotiate a cease-fire and address the broader political and humanitarian issues in the region.
Will Netanyahu be arrested?
The arrest warrants issued by the International Criminal Court (ICC) for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military commander Mohammed Deif are significant, but their enforcement is complex.
Risa Freedman, a Law Professor at the University of Reading, United Kingdom, said the warrant amounts to a mere ‘political statement’, noting that it would be difficult to enforce.
She opined that since Israel (and the United States) are not members of the ICC, they are not legally obligated to comply with the arrest warrants. This means that Netanyahu is unlikely to be arrested while he remains within Israel or travels to countries that do not recognize the ICC’s jurisdiction.
Prof Freedman also recalled, “We have seen in the past where arrest warrants have been issued and people travelled to ICC states and not been arrested. It is a political as well as a cynical decision.”
