Everything about the arrest warrant against Netanyahu and Gallant – DW – 11/21/2024

The chief prosecutor of the International Criminal Court (ICC) wants to prosecute Israeli Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity.

This also applies to former Israeli Defense Minister Yoav Galant and the leader of the Hamas terrorist organization Mohammed Diab Ibrahim al-Masri, better known as Deif.

After months of investigating Prosecutor Karim Khan’s related request, the ICC court has issued arrest warrants for these three men. Each member state of the ICC is obliged to comply with them and submit them to the court based in The Hague in the Netherlands.

serious allegations

The court sees “reasonable grounds” to believe that Netanyahu and his former defense minister “deliberately” used hunger as a weapon against the Palestinian population in the Gaza Strip.

It was impossible to provide water, electricity and medical care to the people. This process probably does not meet the criteria for the crime of “extermination” as a crime against humanity, but could be considered “murder” according to the ICC.

The judges also accused Netanyahu and Gallant of deliberately attacking civilians in the Gaza Strip, which is prohibited by the laws of war. The court cites the acts investigated between October 8, 2023, and May 20, 2024, the day prosecutor Khan requested the arrest warrant.

On October 7, 2023, Hamas terrorists killed 1,139 people in Israel and took 220 people hostage, who were taken to the Gaza Strip. 101 are still under the control of Hamas. Israel responded with a large-scale coup and military operations against the terrorist organization Hamas. Most of the Gaza Strip is in ruins. According to Hamas figures, which have not yet been confirmed, more than 40,000 people have been killed in the Gaza Strip.

Hamas leaders are under question

The court based the arrest warrant against Hamas military chief Ibrahim al-Masri on crimes against humanity, including murder, extermination, torture, rape and hostage-taking. It was indicated that he was responsible for the October 7, 2023 attacks on kibbutzim and a music festival in southern Israel.

The arrest warrant was issued as a precautionary measure, as it is not possible to determine whether the accused is still alive. Israeli forces meanwhile have killed two other Hamas leaders whom the prosecutor wanted arrested: Ismail Haniyeh and Yahya Sinwar.

Israeli response

Israel’s harsh reactions to the arrest warrant were immediate. Benjamin Netanyahu accused the judges of being “anti-Semites”. His office stated that “Israel rejects with disgust the absurd and false actions instigated against it by the ICC.”

The Israeli President spoke of a “dark day for justice; a dark day for humanity.” International justice is thus becoming a laughing stock, said Isaac Herzog: “It turns the struggle of all who had fought, from the victory of the Allies to the Nazis, to the present day.

compliance with arrest warrant

For Josep Borrell, the man in charge of the EU’s foreign policy, the court’s decision is not of a political nature. “This must be respected and fulfilled,” Borrell, who was visiting the Jordanian capital Amman, said.

He said the arrest warrant is binding on all countries adhering to the ICC treaty, including all members of the European Union. Furthermore, he reiterated that it is essential to end the tragedy in the Gaza Strip.

Balkis Jarrah, an international law expert with the organization “Human Rights Watch,” told DW that it will be up to governments whether the court can fulfill its mandate. “These arrest warrants should ultimately lead the international community to end criminal violence and ensure justice for all victims in Palestine and Israel.”

Israel is not a part of ICC

Although Israel does not abide by the ICC treaty, judges in The Hague are considering detention in the case. Because the Palestinian territories, which in the court’s opinion are made up of the Israeli-occupied West Bank and the Gaza Strip, correspond to its jurisdiction.

This court was created on the basis of an international treaty in 1998, in which 124 countries around the world have joined. For example, in addition to Israel, they do not include the United States, Russia, China, and Iran. It remains to be seen whether Netanyahu will be detained if he travels to a signatory country.

Russian President Vladimir Putin, internationally wanted for war crimes in Ukraine, made a safe visit to ICC country Mongolia in October. Despite court orders to arrest him, Mongolian authorities did not do so.

The International Criminal Court is competent when a country’s courts are unable to investigate allegations of crimes against humanity. It acts against individuals and should not be confused with the International Court of Justice (ICJ). This UN court has jurisdiction over disputes between states and is also based in The Hague.

(ers/ms)