“Netanyahu has no immunity. Countries must use arrest warrants to put pressure on him”

luis moreno ocampo (Buenos Aires, 1952) remembers how, at its beginning, International Criminal Court (ICC) The ship was on the verge of sinking. “He called me and told me: ‘Luis, I can’t hang out with you, you’re radioactive,'” says the former chief prosecutor, who founded this court in the 90s to judge the most serious crimes. Was created. of actual action by states. “But that has already happened,” he said in an interview with EL Periodico, arguing that despite the gloomy global outlook, neither the ICC nor international law will disappear. He points out that evidence of this is the current power play over the arrest warrant for war crimes against Israeli Prime Minister Binyamin Netanyahu.

He explains, “Israel also knows this. Only if an Israeli prosecutor opens a real investigation against Netanyahu and (his Defense Minister, Yoav) Galant will the case before the ICC be stopped.” “What happens is that many people don’t understand that they are implementing an old policy and that the world has changed,” says the former deputy prosecutor in the first trial against Argentina’s dictatorship and author of a recent book. war or justiceA book in which he explains how, in his opinion, global architecture is changing.

At its last meeting, the G7 governments, including European governments,

He has made no commitment to stop Netanyahu If you travel to their countries. What do you think?

I think politicians have not understood how justice can help them manage this conflict. Until now, neither Europe nor the United States had any influence on Netanyahu. Therefore, instead of shielding him from criminal investigation, they should allow the ICC to influence his decisions. I am amazed by this disconnect from the world we live in.

He is also talking about international justice acting as a preventive mechanism. So do you see the G7 situation as a mistake?

completely. They are removing the pressure that an investigation puts (on Netanyahu), which is a mistake. Furthermore, it hurts Europe, which wants to prevent this war. We have to understand that political efforts must be in harmony with judicial decisions. And the simplest way to stop this conflict is to apply the principle of complementarity: if Israel opens a real investigation tomorrow, the case before the ICC will be closed.

Do you really think Israel will investigate its Prime Minister?

This is the best defense Israel has. ICC judges, the prosecutor, and spokespeople have made it clear that if an Israeli prosecutor were to launch an actual investigation of Netanyahu and Galant, an ICC case would be unacceptable. They do not need political protection. (…) Moreover, very short-term and without real impact. Netanyahu may try to travel to Germany or France, but he may also find that a judge is ordering his arrest.

France and Italy say Netanyahu has immunity.

This is a flawed legal argument. Netanyahu is not exempted from ICCIt was established by a February 2002 decision in a case between Congo and Belgium. That decision established that senior officials enjoy immunity (while in office) before national and foreign courts, but not before international courts. The CPI operates under a different legal system than the national courts.

The second argument is that it is unrealistic for Netanyahu to face trial, as no leader of a world power has done so.

This is an incredible argument, because it tells us that the law only applies to enemies, like (Russian President Vladimir) Putin, but not to friends, like Netanyahu. That is not the law; This is destroying the law. And if we destroy the law, we will have nothing left but to kill each other.

Is there a danger of ICC’s demise?

No, that risk existed when I was there. However, when I left office, I ended my tenure chatting with a legal advisor from the US State Department in his office. The ICC will continue to exist; Western states will not stop funding it and the arrest warrant remains in place.

Some argue that European countries conceded defeat in exchange for a ceasefire in Lebanon.

We don’t know; It is possible. If so, it would demonstrate the importance of the ICC. The ceasefire marked the first time a conflict has erupted between Netanyahu and his most extremist faction, which is pressing him for war with Iran.

He mentioned Putin. He also has a warrant for his arrest. Can you benefit from what you are going through?

No, (the new US President, Donald) Trump is a Businessman, Who does the dealings, and I think he will try to use that arrest warrant (to exert pressure). Because if that arrest warrant stands, it will give him (Netanyahu) more power and influence. And he can do the same with Putin, to negotiateBecause, in addition, the UN Security Council, where Russia and the US can reach an agreement, has the power to suspend these arrest warrants.

You seem to believe that international law is not dead.

it.

And the rules established after World War II?

They are different things. The ICC is a new model, barely two decades old and still poorly understood. But there is more to do: We need courts and prosecutors with expertise in international terrorism who also investigate Hamas and its financiers. This will give the leaders the option of war. Spain is a good example: it suffered from terrorism, but it never bombed, besieged or starved Bilbao.

Spain used this law to control terrorism.

How to reconcile all this with the victims’ right to compensation?

The first right of the victims is not to kill. They can then file a petition for compensation in the civil sector. Companies that profit from wars should also be banned. We need new models that avoid tribalism and compromises between tribal leaders. In this sense, the EU is also a model worth following; It is undeniable that it has ended wars between European countries.

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