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PALESTINE

Thu 21 Nov 2024 7:09 pm - Jerusalem Time

What are the implications of the ICC issuing arrest warrants against Netanyahu and Galant?

The International Criminal Court has finally issued two arrest warrants against the head of the occupation government, Benjamin Netanyahu, and his former war minister, Yoav Galant, despite the enormous Western pressure that the court and its president, Karim Khan, were subjected to, to prevent the issuance of these warrants.

The war crimes of which Netanyahu and Galant are charged include “starvation of civilians as a method of warfare, willfully causing great suffering, or serious injury to body or health, willful killing or murder, and intentionally directing attacks against a civilian population. Crimes against humanity include extermination and/or willful killing, including in the context of death resulting from starvation, persecution, and other inhumane acts.”

Who will execute the arrest warrants?
Arrest warrants include details of the suspect, a description of his crime and the legal basis for issuing them. The arrest warrants are then sent to the 124 states party to the Rome Statute of the International Criminal Court, which are obligated to cooperate with the court to execute the arrest warrants.


Can Netanyahu and Galant travel?
Netanyahu and Galant will have to think carefully before deciding to travel to any of these 124 countries around the world, for fear of being arrested, which means that they will be internationally wanted, which will limit their movement and international travel.

What are the obstacles to the court's decision?
Some countries do not recognize the court's authority, such as the United States, Russia, and China, which could make it difficult to enforce the arrest warrants against Netanyahu and Galant.

Despite the legal obligation of the member states of the court, some of them may face difficulties in implementing arrest warrants due to political or diplomatic pressures. For example, some states may hesitate to arrest high-level officials such as heads of state due to political or economic relations.

Some states consider heads of state to enjoy sovereign immunity, although the court does not recognize such immunity for international crimes.

Some countries also avoid carrying out arrests to avoid political or military tensions with the countries concerned, and for fear of the consequences.

Can a court order be temporarily suspended?
The rules of the court allow the UN Security Council to adopt a resolution suspending or deferring an investigation or trial for a year, with the possibility of renewing that indefinitely.

In previous cases where a state has ignored its obligation to arrest a person facing an arrest warrant from the ICC, the most that state has faced has been a reprimand.

But the law states that if a signatory state refuses to execute an arrest warrant, the ICC can refer the matter to the UN Security Council or take diplomatic action to condemn the state.


When did Khan request the arrest warrants?
On May 20, the court’s prosecutor, Karim Khan, requested the issuance of arrest warrants against Netanyahu and Galant, for their responsibility for war crimes and crimes against humanity in the Gaza Strip since October 7, 2023. Later, Khan reiterated his request to quickly issue arrest warrants against Netanyahu and Galant, asking the court’s judges to make their decision quickly and without delay.

"Any unjustified delay in these proceedings negatively impacts the rights of victims," Khan said, stressing that the court has jurisdiction over Israelis who commit atrocities in the Palestinian territories, and asking the court's judges to reject appeals filed by dozens of governments and other parties.

Does Israel recognize the International Court?
Israel does not recognize the jurisdiction of the court, which was established in 2002. After 13 years, Palestine was accepted as a member of the court. It is an independent international body not affiliated with the United Nations or any other international institution, and its decisions are binding.

Israel insists on continuing its war of genocide in defiance of arrest warrants against Netanyahu and Galant.
It also ignores two UN Security Council resolutions calling for an immediate end to the war, and orders from the International Court of Justice to take measures to prevent acts of genocide and improve the dire humanitarian situation in Gaza.

Israel has turned the Gaza Strip into the largest prison in the world, besieging it for the 18th year, and its war has forced about two million of its citizens, numbering about 2.3 million Palestinians, to flee in catastrophic conditions, with a severe and deliberate shortage of food, water and medicine, in addition to killing 44 thousand since the beginning of the war.

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What are the implications of the ICC issuing arrest warrants against Netanyahu and Galant?