What does the arrest warrant for the Israeli Prime Minister and former Defense Minister mean?
How To Interpret Legal Documents: Arrest Warrants Explained
Frank GardnerEhda, Security CorrespondentNovember 22, 2024
Pros:
1. Accountability for War Crimes:
The ICC's actions could deter violations of international law by signaling that even high-ranking officials are not above justice.
2. Strengthening International Law:
By pursuing cases involving leaders from powerful nations, the ICC demonstrates impartiality and broadens its scope.
3. Support for Victims:
It provides a platform for victims of alleged war crimes to seek justice on an international stage.
Cons:
1. Political Backlash:
Critics argue the move is politically motivated, potentially undermining the ICC’s legitimacy.
2. Impediments to Peace Efforts:
The warrants may complicate diplomatic negotiations by escalating tensions.
3. Selective Enforcement:
Accusations of bias against Western-aligned leaders could undermine perceptions of fairness in international justice.
Israeli politicians have been reacting strongly since the International Criminal Court (ICC) announced the issuance of arrest warrants for current Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant.
Although arrest warrants have also been issued for Netanyahu and Yoav Gallant, as well as Hamas military commander Mohammed Deif, the ICC’s decision has been praised by Hamas, Palestinian Islamic Jihad, and ordinary citizens in Gaza.
Israeli President Isaac Herzog expressed anger at the ICC’s decision, calling it a “dark day for justice and humanity.” He said the decision “prefers terrorism and evil over democracy and freedom.”
A statement issued by the Israeli Prime Minister’s Office called it “an anti-Semitic decision.” The statement said Israel “rejects these extremely false and bizarre allegations.” The statement called the International Criminal Court “a biased and discriminatory political institution.”
Yuli Edelstein, chairman of the Knesset’s Foreign Affairs and Defense Committee, called it “a shameful decision by a political institution captive to Islamist interests,” while Israel’s foreign minister said the ICC had lost its credibility.
However, Hamas welcomed the decision without commenting on the issuance of the warrant for its military commander, Mohammed Deif.
In a statement, Hamas said, “We call on all countries in the world to cooperate with the ICC to bring the Zionist war criminals, Netanyahu and Gallant, to justice and to work to immediately stop the crimes of genocide against civilians in the Gaza Strip.”
The United Nations says that virtually no aid has reached besieged northern Gaza in the past 40 days.
Ordinary Palestinians from Gaza have also welcomed the decision.
“We have been targeted by terrorism. We have been starved. Our homes have been destroyed. We have lost our children, our sons and our loved ones,” said Muhammad Ali, 40, a displaced person from Gaza City who now lives in the central Deir al-Balah area. “We welcome the decision and, of course, we hope that the ICC decision will be implemented.”
Munira al-Shami, whose sister was killed by Israeli forces last month, said the ICC decision was a sign of “justice for tens of thousands of victims, including my sister Wafa.”
However, some Israelis said that the arrest warrants violated Israel’s right to defend itself.
Ron Ackerman, a citizen, said he was not surprised by the ICC decision because he felt the ICC was “anti-Semitic and doesn’t see what’s going on around Israel. They only see Israel.”
“When I first heard this (decision), I said, ‘My God, where did they get the idea to arrest the prime minister of the state of Israel and his chief of staff?’… We are fighting for our survival,” said Helen Carew from Jerusalem.
What will be the impact of these arrest warrants?
A total of 124 countries, including the UK, are signatories to the ICC, but the US, Russia, China and Israel are not.
This means that technically, if Netanyahu or Gallant set foot in any of the ICC signatory countries, they should be arrested there and handed over to the court.
However, international lawyers have expressed doubts, saying that the chances of either of the two individuals named in the arrest warrants being brought to trial in The Hague are very small.
The last time Netanyahu went abroad, he visited the US, where he enjoys complete immunity.
However, last year he visited several countries, including the UK, many of which are ICC signatories.
But it is said that it is very unlikely that Netanyahu will take such a risk by visiting these countries again. In addition, the signatory countries would also not want a situation to arise where they would have to arrest Netanyahu.
According to the Dutch news agency ANP, Dutch Foreign Minister Casper Veldkamp said his country was ready to execute the warrant.
Second, Hamas has no particular fear of arresting its commander Ibrahim al-Masri, alias Mohammed Deif. Israel believes he was killed last year, although Hamas has not yet confirmed his death.
In addition to his arrest, the ICC had intended to take action against two Hamas leaders, Yahya Sinwar and Ismail Haniyeh, but their deaths have already been confirmed.
There is no doubt that Thursday’s decision is a major blow to Israel’s international standing. It is also a blow to these two figures and, in particular, to Israel’s ongoing efforts to portray its military campaign in Gaza as a battle between good and evil.
Israeli citizens are deeply shocked because they feel that the world has forgotten or ignored Hamas’s atrocities against them on October 7 last year.
But Palestinians, and especially those with ties to Gaza, are feeling vindicated as an international body now sees some weight in Israel's war crimes allegations.
Related Topics
#Hama #International_Criminal_Court #Palestine #Israel #War
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