The Israeli government looks to The Hague with concern. It is home to the International Criminal Court (ICC), which is said to be preparing an international arrest warrant this week for Benjamin Netanyahu, Defense Minister Yoav Gallad and Israel’s Chief of Staff Herzi Halevi. Regarding this possibility, there are statements by the Israeli prime minister already last week. Under his leadership, he said, Israel would never accept any attempt by the ICC to undermine its “right to self-defense.”
Prosecutions of individuals
But let us see what kind of prosecutions the Court can initiate under its powers. In principle against individual people who are suspected of having committed one of 4 basic crimes in the exercise of power: genocide, serious war crimes, crimes against humanity or aggressive war. In fact, the ICC launched investigations from 2021 on possible perpetrators in Israel and also on Hamas fighters with the same charges. Investigations are also underway into acts of violence committed by Israeli settlers in the West Bank. It all started on October 7, when the armed wing of Hamas killed 1200 people and kidnapped over 240 hostages in the Gaza Strip. Hamas is included in many Western states among terrorist organizations. In the Gaza Strip over 34,000 Palestinians have been killed in Israeli military operations in retaliation. Of course, verification of the numbers is not possible.
In principle, the ICC can only take action if states are unable or unwilling to prosecute the aforementioned crimes at the national level. For the time being, it is considered unlikely that Israeli courts will initiate criminal proceedings against the head of government, his ministers or the army leadership, not least because of the ongoing war. Another condition is that either the home state of the alleged perpetrator must recognize the court, which Israel does not, or the country in which the alleged crimes were committed. This could play a role here, because the Palestinian Territories have acceded to the ICC treaty. Apart from Israel, neither the US, China, Russia, India, almost all Arab states and Iran recognize the jurisdiction of the International Criminal Court.
Will there be consequences for the Israeli prime minister?
An arrest warrant is not a decision, of course, but an indication that the ICC takes allegations made against a suspect seriously enough to investigate them. According to its website, the ICC only issues an arrest warrant if judges deem it necessary for the person concerned to appear for trial. This is because it is necessary for ICC proceedings. Other reasons may be that judges fear that the defendant could obstruct the process or commit other crimes. But since the ICC has no police force of its own to arrest suspects, it is highly unlikely that members of the Israeli government will be tried in The Hague. But an arrest warrant would significantly limit the freedom of movement of Netanyahu and the ministers internationally, should they also be wanted. This is because all 124 treaty partners of the ICC are obliged to arrest wanted persons on their territory and deliver them to the Court. It is also the reason why the Russian president does not participate in international meetings since the Court issued a warrant for his arrest for abducting children from Ukraine to Russia. He prefers to travel to countries that do not recognize the jurisdiction of the ICC.
The ICC’s investigations should not be confused with the accusations of genocide that some states have leveled against the State of Israel. There is the appeal to the International Court among others of South Africa for the many war dead in the Gaza Strip. The ICC is also based in The Hague, but does not investigate individuals or issue arrest warrants. It has exclusive jurisdiction over disputes between states. At the end of January, the International Court of Justice recognized the “threat of genocide in the Gaza Strip”. However, South Africa’s urgent request for a cessation of all hostilities by Israel was not accepted. After this initial decision, the process of genocide in the ICC is now likely to continue for months or even years.
Source: Deutsche Welle
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