FILE - Israeli Prime Minister Benjamin Netanyahu speaks during a press conference with Defense Minister Yoav Gallant and Cabinet Minister Benny Gantz in the Kirya military base in Tel Aviv, Israel, Oct. 28, 2023. When Secretary of State Antony Blinken was asked this week who would govern the Gaza Strip following Israel's war against the Hamas militant group, he said a return of the internationally recognized Palestinian Authority made "the most sense." What he failed to mention is that the Palestinian Authority, weak and deeply unpopular with its own people, has already said it has no interest in assuming power if it is helped by Israel. (Abir Sultan/Pool Photo via AP, File)
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The Israeli Prime Minister, Benjamin Netanyahu, has condemned the International Criminal Court for issuing arrest warrants for him and the Israeli Defence minister. They are accused of war crimes in Gaza during the Israel Hamas war. More than 35,000 Palestinians have reportedly been killed during the war.
The announcement by British prosecutor Karim Khan also included warrants for Hamas leaders.
They have been accused of being instrumental in the October seventh attack where 1,200 Israelis were killed by Palestinian militants.
Who are the ICC?
The International Criminal Court (ICC) were formed in 2002 as the world first permanent international war crimes court.
They have 123 member states who all ratified the ICC’s founding document, the Rome Treaty.
The ICC don’t have an enforcement mechanism to uphold their rulings, so they rely on their member states to enforce the arrest warrants.
Neither Israel not the US have ratified the ICC and so are not obliged to act on the warrants.
Despite not being recognised as a state internationally, Palestine is recognised as a state by the ICC because it is has observer status at the UN.
Palestine has ratified the ICC, but currently lacks the institutional capacity or political cohesion to carry out the arrest warrants itself.
The arrest warrants were applied for by Karim Khan , the ICC’s chief prosecutor.
Specific charges against the Israeli leaders which they allege amount to war crimes are “starvation of civilians as a method of warfare” and “extermination”. The ICC’s investigation is still ongoing.
What has been the international reaction?
Israel has condemned the ICC’s action in the strongest terms, calling the warrants a disgrace and an attack on Israel.
Israeli PM Benjamin Netanyahu has said Israel is fighting a “just war” against Hamas, the Islamist militant group which killed hundreds of Israelis last year and took 200 hostages back to the Gaza strip.
Senior Israeli figures have compared the ICCs move to the actions to those of Nazis.
The United States, a close diplomatic and political ally of Israel, has also condemned the ICC’s announcement.
President Biden has said there is “no equivalence” between the Israeli leadership and the Hamas militants. Other countries have given less direct responses.
The UK has stopped short of condemning the announcement, but Rishi Sunak’s spokesperson said the decision was “not helpful in relation to reaching a pause in the fighting, getting hostages out or getting humanitarian aid in”.
The ICC’s move has been cautiously supported by a number of countries, including France and China, who have both raised concerns about the number of Palestinian deaths.
The arrest warrant has been welcomed by several human rights groups, including Human Rights Watch and B’tselem, an Israeli humanitarian group.
The case is highly symbolic in highlighting Israel’s growing isolation on the international stage, with global actors condemning mounting civilian deaths in Gaza.
Is this different to the ICJ genocide case?
It’s important to clarify that the ICC case is different from the genocide case against Israel currently being heard in the International Court of Justice (ICJ).
The ICJ is is the highest court in the UN. It hears cases brought by member countries against states, and it currently considering South Africa’s allegation of genocide brought against Israel earlier this year.
The ICC is not related to the UN, and it pursues cases against individuals. It’s currently investigating allegations of war crimes against Israeli and Hamas leaders, but not genocide claims.
What will happen now?
Because neither Israel nor the US are members of the ICC, it is highly unlikely that the Israeli leaders will be arrested soon.
The US may also use its influence to dissuade allies who are ICC members from arresting Benjamin Netanyahu if he enters their countries.
However it could still make it more difficult for the Israeli leader to travel.
The ICC had similarly issued an arrest warrant for Russian leader Vladimir Putin over alleged war crimes in Ukraine in March of 2023, but he has yet to be detained or formally questioned.
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Short Headline
Standfirst
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HeadlineICC Arrest Warrants for Israel and Hamas leaders
Short HeadlineWhat do the ICC arrest warrants mean?
StandfirstWhat will happen now Israeli and Hamas leaders have been accused of war crimes?
The Israeli Prime Minister, Benjamin Netanyahu, has condemned the International Criminal Court for issuing arrest warrants for him and the Israeli Defence minister. They are accused of war crimes in Gaza during the Israel Hamas war. More than 35,000 Palestinians have reportedly been killed during the war.
The announcement by British prosecutor Karim Khan also included warrants for Hamas leaders.
They have been accused of being instrumental in the October seventh attack where 1,200 Israelis were killed by Palestinian militants.
Who are the ICC?
The International Criminal Court (ICC) were formed in 2002 as the world first permanent international war crimes court.
They have 123 member states who all ratified the ICC’s founding document, the Rome Treaty.
The ICC don’t have an enforcement mechanism to uphold their rulings, so they rely on their member states to enforce the arrest warrants.
Neither Israel not the US have ratified the ICC and so are not obliged to act on the warrants.
Despite not being recognised as a state internationally, Palestine is recognised as a state by the ICC because it is has observer status at the UN.
Palestine has ratified the ICC, but currently lacks the institutional capacity or political cohesion to carry out the arrest warrants itself.
The arrest warrants were applied for by Karim Khan , the ICC’s chief prosecutor.
Specific charges against the Israeli leaders which they allege amount to war crimes are “starvation of civilians as a method of warfare” and “extermination”. The ICC’s investigation is still ongoing.
What has been the international reaction?
Israel has condemned the ICC’s action in the strongest terms, calling the warrants a disgrace and an attack on Israel.
Israeli PM Benjamin Netanyahu has said Israel is fighting a “just war” against Hamas, the Islamist militant group which killed hundreds of Israelis last year and took 200 hostages back to the Gaza strip.
Senior Israeli figures have compared the ICCs move to the actions to those of Nazis.
The United States, a close diplomatic and political ally of Israel, has also condemned the ICC’s announcement.
President Biden has said there is “no equivalence” between the Israeli leadership and the Hamas militants. Other countries have given less direct responses.
The UK has stopped short of condemning the announcement, but Rishi Sunak’s spokesperson said the decision was “not helpful in relation to reaching a pause in the fighting, getting hostages out or getting humanitarian aid in”.
The ICC’s move has been cautiously supported by a number of countries, including France and China, who have both raised concerns about the number of Palestinian deaths.
The arrest warrant has been welcomed by several human rights groups, including Human Rights Watch and B’tselem, an Israeli humanitarian group.
The case is highly symbolic in highlighting Israel’s growing isolation on the international stage, with global actors condemning mounting civilian deaths in Gaza.
Is this different to the ICJ genocide case?
It’s important to clarify that the ICC case is different from the genocide case against Israel currently being heard in the International Court of Justice (ICJ).
The ICJ is is the highest court in the UN. It hears cases brought by member countries against states, and it currently considering South Africa’s allegation of genocide brought against Israel earlier this year.
The ICC is not related to the UN, and it pursues cases against individuals. It’s currently investigating allegations of war crimes against Israeli and Hamas leaders, but not genocide claims.
What will happen now?
Because neither Israel nor the US are members of the ICC, it is highly unlikely that the Israeli leaders will be arrested soon.
The US may also use its influence to dissuade allies who are ICC members from arresting Benjamin Netanyahu if he enters their countries.
However it could still make it more difficult for the Israeli leader to travel.
The ICC had similarly issued an arrest warrant for Russian leader Vladimir Putin over alleged war crimes in Ukraine in March of 2023, but he has yet to be detained or formally questioned.
