International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant for “crimes against humanity and war crimes”. A warrant has also been issued against Hamas leader Ibrahim Al-Masri, better known as Mohammed Deif.
ICC Arrest Warrant Against Israel’s Netanyahu
Why In News
- International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant for “crimes against humanity and war crimes”. A warrant has also been issued against Hamas leader Ibrahim Al-Masri, better known as Mohammed Deif.
- Gallant was sacked by Netanyahu earlier in November, amid reports that the defence minister advocated an end to fighting and a deal to bring back Israeli hostages captured by Hamas. Deif, Israel claims, has been killed in an airstrike, but Hamas has neither confirmed nor denied this.
What Is The ICC?
- ICC, headquartered in The Hague, Netherlands, was established under a 1998 treaty called the “Rome Statute”. It “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.”
- At present, 124 countries are party to the Rome Statute, including Britain, Japan, Afghanistan, and Germany. India is not a member, nor are China and the US. The ICC was established to prosecute the most heinous offences only when a country’s own legal machinery was unable or unwilling to act.
- Unlike the International Court of Justice (ICJ), which deals with countries and inter-state disputes, the ICC prosecutes individuals.
- Additionally, the offences should be committed either in a country that ratified the agreement or by a national of a ratifying country. The ICC can also practise its jurisdiction over cases referred by the UN Security Council to it.
- Israel is not party to the Rome Statute, but Palestine is.
How Did ICC Get Involved In This Case
- Back in 2018, Palestine had referred the situation in the country as a whole to the ICC.
- Then in November 2023, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti sent a further referral into the Palestine situation. In January 2024, “the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine,” the ICC said.
What Have Netanyahu And Gallant Been Accused Of
- The two are accused of “war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”
- “The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024,” the ICC said on its website.
- Further listing why it finds the two guilty of “murder, persecution, and other inhumane acts, the ICC said, by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment.”
- The ICC has also held Netanyahu and Gallant responsible for the actions committed by Israel forces under their command, including alleged instances of torture, wanton violence and killing, rape, and destruction of property.
What Happens Once ICC Issues An Arrest Warrant
- ICC’s decisions are binding, but it depends on its members to ensure cooperation. Thus, if Netanyahu or Gallant were to travel to any of the 124 member states, its government would be obligated to arrest them and extradite them to The Hague.
- The ICC had earlier issued an arrest warrant for Russian President Vladimir Putin. It had then been pointed out that this would deepen his isolation from the West, as he would not be able to travel to a number of countries without risking arrest.
- In the case of Netanyahu more than Putin, several of his country’s allies, like Germany, France, and the United Kingdom, are members of the ICC. These countries have all so far backed Israel and it is very unlikely they will arrest Netanyahu if he does travel to their shores.
Reactions After Warrant
- Netanyahu condemned the warrant against him, saying Israel “rejects with disgust the absurd and false actions” by the court. In a statement released by his office, he said, “There is nothing more just than the war that Israel has been waging in Gaza.”
- Gallant said the decision “sets a dangerous precedent against the right to self-defence and more warfare and encourages murderous terrorism.”
- The State of Palestine has welcomed the International Criminal Court’s issuing of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over suspected war crimes in Gaza, saying the move “restores hope” in international law.
- US President Joe Biden slammed the International Criminal Court (ICC) calling its arrest warrants against Israel’s Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant “outrageous”. Biden reacted to the arrest warrants against the top Israeli leaders on Thursday, just hours after the White House released a statement and rejected the court’s ruling.
- “Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas,” the POTUS said shortly after the international tribunal issued the arrest warrants against the Israeli leaders on suspicion of war crimes and crimes against humanity. “The United States fundamentally rejects the Court’s decision to issue arrest warrants for senior Israeli officials. We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision,”
