International Criminal Court Issues Arrest Warrant for Netanyahu

Benjamin Netanyahu, Prime Minister of the State of Israel, addressing the general debate of the General Assembly’s seventy-ninth session on September 27 of this year. Credit: UN Photo/Evan Schneider

By Oritro Karim
UNITED NATIONS, Nov 22 2024 (IPS)

On November 21, the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, as well as the former defense minister Yoav Gallant. In a statement released by the ICC, both Netanyahu and Gallant are wanted for crimes against humanity and war crimes that spanned from at earliest October 8 2023 through May 20 2024. This coincides with Israel’s respective wars with Lebanon and Palestine, for which there have been extensive damage on civilian infrastructure, thousands of civilian casualties, and repeated blockages of humanitarian aid.

The chamber of the ICC believes that there are reasonable grounds to prove that both Netanyahu and Gallant deliberately cut off access to “objects indispensable for survival” for millions of people residing in the Gaza Strip. These objects include food, water, medicine, medical supplies, fuel, and electricity. Netanyahu and Gallant’s other offenses detailed in the report include directing attacks against civilian populations and murder.

On November 21, Israel appealed the arrest warrants, citing that the ICC has no jurisdiction over Israel as it is not a member state. The appeal was subsequently rejected by the ICC due to Palestine being under valid territorial jurisdiction.

Netanyahu’s office responded to the arrest warrant in a social media post shared to X (formerly Twitter). He described the arrest warrants as “anti-Semitic” and a “modern Dreyfus trial”. The office also accused the ICC of being a “biased and discriminatory” organization.

“Prime Minister Benjamin Netanyahu will not give in to pressure. He will continue to pursue all the objectives that Israel set out to achieve in its just war against Hamas and the Iranian axis of terror,” the statement adds.

Israeli President Isaac Herzog shared a statement to X, in which he opined that the arrest warrants turn the notion of international justice into a “universal laughingstock”, adding that Israel has a right to defend itself and has always acted in accordance with international humanitarian law. Herzog went on to say that the ICC has chosen to side with “an Iranian empire of evil that seeks to destabilize our region and the world, and destroy the very institutions of the free world.”

Gallant also responded to this news, remarking that “the decision sets a dangerous precedent against the right to self-defense and moral warfare and encourages murderous terrorism”.

Hamas has supported the ICC’s actions and urged them to look into offenses committed by other Israeli officials. “[It’s] an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” said Hamas political bureau member Basem Naim.

This marks the first time in history that the ICC has issued arrest warrants for a major ally to the United States, and the first time one was issued for the leader of a democratic country. The U.S. is also not a member of the ICC and does not officially recognize its authority.

Back in May, the Biden administration denounced the ICC’s investigation of Israel, describing the application for the warrants as “outrageous”. President Joe Biden has said that the United States will “always stand with Israel against threats to its security”.

During his first term, president-elect Donald Trump previously sanctioned ICC efforts. On November 17, incoming Senate Majority Leader John Thune expressed interest in issuing sanctions on the ICC and its prosecutor if they do not “reverse their outrageous and unlawful actions to pursue arrest warrants against Israeli officials.” Thune added that the Senate is committed to continuing their support of Israel.

Although the Biden administration has not reacted to the arrest warrants as of yet, high ranking members of Congress have expressed intent to issue sanctions on the ICC. U.S. Senator Lindsey Graham described the ICC’s warrants as a “dangerous joke” and urged the rest of the Senate and President Biden to pass a sanction in a statement shared to X.

Various member states of the ICC have expressed their satisfaction with the arrest warrants. Ireland’s Prime Minister Simon Harris described the warrants as an “extremely important step” in achieving justice for violations of international humanitarian law, adding that all countries must respect the ICC’s “ independence and impartiality, with no attempts made to undermine the court.”

A spokesperson for the French Foreign Ministry stated that France’s reaction will be in line with ICC statutes, adding that “the fight against impunity is our priority.” Josep Borrell, foreign policy chief for the European Union has also expressed support for the ICC’s actions, stating that the court was not politically motivated.

The Netherlands’s Foreign Minister Caspar Veldkamp has confirmed that the Netherlands will support the ICC’s statutes, will limit any “non-essential contact” with Israeli authorities, and is mobilized to arrest Netanyahu or Gallant if they enter Dutch territory. Jordan’s Foreign Minister Ayman Safadi urged for countries to abide by the ICC’s decision, adding that Palestine deserves justice after what he describes as “war crimes” were committed by Israel.

Humanitarian organizations have also supported the ICC amid backlash from Israel and the United States. “There can be no ‘safe haven’ for those alleged to have committed war crimes and crimes against humanity,” said Amnesty International’s Secretary General Agnès Callamard.

“The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law. These warrants should finally push the international community to address atrocities and secure justice for all victims in Palestine and Israel,” said Balkees Jarrah, associate international justice director at Human Rights Watch.

It is important to note that the arrest warrants issued by the ICC are purely indictments, rather than rulings. A trial must be conducted and sufficient evidence must be provided to prove that Netanyahu and Gallant deliberately violated international humanitarian law.

Political analyst and professor of human rights law at Queen Mary University of London Neve Gordon spoke to reporters shortly after news of the arrest warrants broke. “I think the intention of using food as a weapon is clear by the statements of Israeli leaders and the practices of the Israeli military, and I think this will be easy to prove,” he said.

Gordon added that the intensive aerial campaign employed by Israel as well as attacks on hospitals, ambulances, aid personnel, and healthcare workers will help build the case against Israel.

IPS UN Bureau Report