Israeli Prime Minister Benjamin Netanyahu addresses the Conference of Presidents of Major American Jewish Organizations in Jerusalem, February 18, 2024. REUTERS/Ronen Zvulun/File Photo
The Office of the Prosecutor at the International Criminal Court (ICC) has submitted a request for arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his Defence Minister Yoav Gallant, and three Hamas leaders. This request pertains to allegations of war crimes and crimes against humanity.
Subsequent Steps at the ICC
Prosecutor Karim Khan’s request will be reviewed by a pre-trial chamber consisting of three judges: presiding judge Iulia Motoc of Romania, Mexican judge Maria del Socorro Flores Liera, and judge Reine Alapini-Gansou of Benin. There is no specified timeframe for the judges to reach a decision, with past cases ranging from just over a month to several months.
Should the judges find “reasonable grounds” to believe that war crimes or crimes against humanity have been committed, they will issue an arrest warrant. The warrant will detail the individual’s name, the specific crimes alleged, and a factual statement supporting these allegations. The judges retain the discretion to amend the prosecutor’s request, possibly granting only portions of it. Additionally, charges may be modified or updated at a later stage.
Both Israeli and Hamas officials have denied allegations of war crimes, with representatives from both sides criticizing Khan’s decision.
Potential Arrests of Netanyahu and Hamas Leaders
Under the Rome Statute, which constitutes the ICC’s founding treaty, the 124 signatory states are obligated to arrest and surrender any individual subject to an ICC arrest warrant if they enter their territory. However, the ICC lacks enforcement capabilities. Non-compliance by a state can result in a referral to the ICC’s assembly of member states and potentially to the United Nations Security Council.
Possibility of Pausing an ICC Investigation or Warrant
The court’s regulations permit the UN Security Council to adopt a resolution deferring an investigation or prosecution for one year, with the possibility of indefinite renewals. Historically, states that have failed to arrest individuals facing ICC warrants have faced minimal procedural consequences.
Travel Implications for Netanyahu and Hamas Chief Yahya Sinwar
The application for, or issuance of, an ICC arrest warrant does not restrict an individual’s ability to travel. Nonetheless, the issuance of a warrant poses a risk of arrest if the individual travels to a signatory state, potentially influencing their travel decisions. There are no formal restrictions preventing political leaders, lawmakers, or diplomats from meeting with individuals subject to an ICC arrest warrant, although such interactions may carry negative political implications.
Influence on Other Legal Matters
While the ICC application is independent of other legal proceedings, it may have indirect effects. For instance, if the judges determine that there are reasonable grounds to believe that Netanyahu and Gallant are responsible for war crimes and crimes against humanity, it could bolster legal arguments for arms embargoes. Many states have laws prohibiting arms sales to countries suspected of violating international humanitarian law. However, the ICC application does not directly impact other ongoing cases, such as those advocating for an arms embargo against Israel or South Africa’s efforts at the International Court of Justice to halt Israeli military actions in Rafah.
COMMENTS