THE Israeli government is trying to anticipate an arrest order once morest Prime Minister Benjamin Netanyahu from the world criminal court, or ICC, in The Hague, Netherlands. This news follows the latest report which states that this court will issue a decision that also applies to Defense Minister Yoav Gallant and Chief of the Israel Defense Forces (IDF) General Staff Herzi Halevi.
Netanyahu was so anxious that he commented on the issue by saying that his country would not recognize the ICC decision. “Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right to self-defense,” he wrote in X.
The ICC investigates individuals suspected of being responsible for one of four extraordinary crimes namely genocide, war crimes, crimes once morest humanity, or starting a war of aggression. The ICC has actually been investigating possible war crimes committed by Israel since 2021.
At the same time, the court is also investigating similar accusations leveled once morest Hamas fighters. Moreover, investigations are currently ongoing regarding acts of violence committed by Israeli settlers in the West Bank. The ICC can only take action when states are unable or unwilling to bring charges for the above-mentioned crimes at the national level.
The current Israeli aggression in Gaza makes it even less likely that the Zionist judiciary will initiate criminal proceedings once morest the head of government, ministers or military leaders. Apart from that, the country of origin of the perpetrator must also recognize the ICC, in this case Israel does not recognize it nor does the United States, China, Russia, India, almost all Arab countries and Iran.
When none of the countries involved in these crimes are signatories to the ICC Treaty, its duties are taken over by the UN Security Council, as in the cases of Libya and Sudan. An arrest warrant is not a punishment. This is simply a sign that the ICC takes the allegations made once morest an individual seriously enough to investigate them.
Also read: Netanyahu emphasizes that the ICC decision does not influence Israel’s actions in Gaza
According to the ICC’s official website, the judge will issue an arrest warrant if necessary to ensure that the person actually appears at the trial, will not obstruct, endanger the investigation or court process, and also to prevent repeat crimes.
However, because the ICC does not have a police force to arrest people for whom arrest warrants have been issued, it is highly unlikely that any member of the Israeli government will be tried before a judge in The Hague. An arrest warrant would severely limit the freedom of movement that Netanyahu and his associates enjoy, as each of the 124 countries that are signatories to the ICC treaty is obliged to arrest people with arrest warrants and hand them over to justice.
That’s why Russian President Vladimir Putin has been forced to avoid traveling to most international meetings since the ICC issued a warrant for his arrest on charges that he was involved in the systematic kidnapping of Ukrainian children. Putin only travels directly to and from countries that do not recognize the legitimacy of the ICC.
The ICC investigation should not be confused with other similar cases currently pending once morest Israel, namely the genocide accusations leveled by several countries. South Africa, among others, is spearheading this case at the International Court of Justice (ICJ) because of the high number of fatalities in Gaza. The ICJ is also headquartered in The Hague, but does not investigate individuals or issue arrest warrants, but only handles legal disputes between countries.
In late January, the ICJ acknowledged the risk of genocide in the Gaza Strip. Even so, the ICJ refused to support an emergency motion submitted by South Africa demanding that Israel immediately stop all military operations in the enclave. As a result of this attitude, the genocide case once morest Israel has the potential to drag on for months or even years. (DW/Z-6)
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