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Consequences of possible arrest warrant against Netanyahu

2024-05-01 17:49:02Kosova&Bota SHKRUAR NGA REDAKSIA VOX
Consequences of possible arrest warrant against Netanyahu
Benjamin Netanyahu

According to the media, the International Criminal Court may issue an arrest warrant for Netanyahu. What would that mean?

According to Israeli media reports, the government in Tel Aviv is looking anxiously to The Hague, where the International Criminal Court (ICC) is located. It is said that this court may issue international arrest warrants this week for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Galant and Israeli Chief of General Staff Herzi Halevi.

Last Friday, Netanyahu commented on possible criminal proceedings before that court: Under his leadership, Israel will never accept any attempt by the Criminal Court to undermine its "right to self-defense," Netanyahu wrote on Platform X, formerly Twitter.

What kind of criminal proceedings could the ICC bring against Netanyahu?

The International Criminal Court conducts investigations exclusively against individuals. The court is activated only if a person is suspected of being responsible for one of the four basic crimes at the time he was performing a leadership function: genocide, serious war crimes, crimes against humanity or war of aggression.

As of 2021, the ICC has been investigating the violence in Gaza in the summer of 2014 and possible war crimes against those allegedly responsible in Israel. According to its records, the Court is conducting investigations on the same charge against Hamas fighters. There are also ongoing investigations into Israeli settler violence in the West Bank.

At the same time, recent developments in the war must be taken into account: that war began after Islamist militants Hamas in Israel killed around 1,200 people and kidnapped more than 240 hostages on October 7, 2023. Hamas is classified as a terrorist organization by a number Western countries, including EU member states and the USA. Israel's military response to the attack has so far killed more than 34,000 people, according to Hamas-led authorities in the Gaza Strip. This information cannot be independently verified.

When can the International Criminal Court investigate Israeli citizens?

In principle, the International Criminal Court can only be activated if states are unable or unwilling to prosecute the aforementioned crimes at the national level. At the moment, and because of the ongoing war, it is unlikely that Israeli courts will be able to initiate criminal proceedings against the head of government, ministers or the military leadership.

In addition, the court must be recognized either by the country of the perpetrator of the crimes – Israel does not recognize this court – or the country where the alleged crimes were committed. The latter can act, since the Palestinian territories have acceded to the Treaty on the International Criminal Court. Apart from Israel, the International Criminal Court is not recognized by the USA, China, Russia and India, as well as almost no Arab countries and Iran. If none of the affected areas is a party to the ICC, only the UN Security Council with a resolution can order the Court to be activated. This was, for example, the case when it came to Sudan and Libya.

What consequences would the arrest warrant have for the Israeli prime minister?

An arrest warrant is not a judgment. First of all, it is a sign that the ICC takes the accusations against a suspicious person quite seriously. As the ICC states on its website, this court only issues an arrest warrant if judges deem it necessary for the person in question to appear in court. The presence of a person is necessary in the ICC process. Other reasons may be that judges fear that the accused may interfere with the proceedings or commit new crimes.

However, since the Court does not have its own police force to arrest suspects, it is unlikely that members of the Israeli government will stand trial in The Hague.

But the arrest warrant would severely limit the freedom of movement of Netanyahu and ministers who may also be wanted, as all 124 countries that recognize the ICC are required to arrest wanted persons if found on their territory and bring them to court.

For example, Vladimir Putin has stayed away from most international meetings since the court issued an arrest warrant against him for kidnapping Ukrainian children in Russia. The President of the Russian Federation travels only to countries that do not recognize the ICC.

What does an arrest warrant have to do with genocide charges?

The investigation by the International Criminal Court should not be confused with the charge of genocide that some countries have brought against Israel. The Republic of South Africa, among others, accused Israel before the International Court of Justice (ICJ) for the high number of dead during the war in the Gaza Strip. This Court is also in The Hague, but it does not investigate individuals and does not issue arrest warrants. The court is responsible for disputes between states.

At the end of January this year, the ICJ recognized the "threat of genocide in the Gaza Strip". However, South Africa's urgent demand that Israel cease all hostilities was not accepted. After this initial decision, the genocide trial has likely to continue for months or years./ DW


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