Why did the ICC issue Netanyahu’s arrest warrant and what are the implications? | The Israel-Gaza War

On what basis are warrants issued?

The orders relate to the Hamas attack on Israel on October 7, 2023 and the Israeli military response in Gaza.

The ICC’s three-judge panel said it had found reasonable grounds to believe that Netanyahu and Gallant “bear criminal responsibility for … the war crime of starvation as a method of warfare and crimes against humanity in the form of murder, persecution and other inhumane acts” . In addition, the panel said there were reasonable grounds to believe they bear criminal responsibility “as civilian superiors for the war crime of knowingly directing an attack against the civilian population”.

The panel said of Deif that it had found reasonable grounds to believe that he was responsible “for the crimes against humanity such as murder, extermination, torture and rape and other forms of sexual violence, as well as war crimes such as murder, cruel treatment, torture, hostage-taking, violations of personal dignity and rape and other forms of sexual violence”.

ICC chief prosecutor Karim Khan had also sought warrants for two other senior Hamas figures – Yahya Sinwar and Ismail Haniyeh – but they have since been killed. Israel also claims to have killed Deif, but Hamas has neither confirmed nor denied this.

What are the practical consequences for those named?

The ICC relies on 124 member states Rome Statute, which created the right to execute arrest warrants. Member States are obliged to arrest people wanted by the ICC who set foot on their territory, and although they do not always do so, this means that the accused must consider whether they are willing to risk travel.

Last year, Vladimir Putin decided not to go to South Africa amid speculation that he would be detained under an arrest warrant issued by the ICC for overseeing the abduction of Ukrainian children in Russia’s invasion of Ukraine.

Neither Israel nor its closest ally, the United States, are members, nor are the possible venues for ceasefire talks, Qatar and Egypt, although that could be a problem since none of those charged have participated in the talks. Jordan and Tunisia are the only Arab member states besides Palestine. Another staunch Israeli ally, Germany, is a member of the ICC, as are all EU countries. Switzerland is a member, as is Japan. All Latin American countries, except Cuba and Haiti, are members of the ICC, as are 33 African countries.

How does the ICC have jurisdiction over Israel when it is not a member?

The ICC has jurisdiction over both alleged crimes committed by a national of a member state and alleged crimes committed on the territory of a member state. Palestine acceded to the Rome Statute in 2015, and it The ICC ruled in 2021 that it was a statethereby extending the court’s jurisdiction to territories occupied by Israel since 1967, Gaza and the West Bank, including East Jerusalem.

Who is the prosecutor who sought the warrants?

Khan is a British barrister appointed as ICC Prosecutor in 2021 following a secret ballot process. He previously represented the Kenyan Vice President, William Ruto, at the ICC when he was charged with crimes against humanity following the 2007 post-election violence, and Charles Taylor, the former Liberian President, who was convicted of war crimes at the Special Court for Sierra Leone.

The orders have been issued at a sensitive time for Khan, who is facing an external investigation into allegations of sexual misconduct. The inquiry will examine the allegations against the prosecutor, which, according to the Guardian last month, include allegations of unwanted sexual contact and “abuse” over a long period, as well as coercive behavior and abuse of authority. Khan has denied the charges and said he will cooperate with the investigation. The alleged victim, an ICC lawyer in his 30s, has previously declined to comment.