ICC seeks arrest warrants for Israeli and Hamas leaders, including Netanyahu

New Delhi. The International Criminal Court (ICC) is reportedly on the verge of issuing arrest warrants for prominent Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu. This development follows a request by the ICC’s chief prosecutor amid the ongoing conflict between Israel and Hamas.

Leaders Accused of War Crimes

Chief Prosecutor Karim Khan has indicated that he believes Netanyahu, Defence Minister Yoav Gallant, and three Hamas leaders—Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh—are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

What is the ICC?

Established in 2002, the ICC serves as a permanent court of last resort to prosecute individuals accused of the world’s most serious crimes, including war crimes, crimes against humanity, genocide, and aggression. The Rome Statute, which created the ICC, was adopted in 1998 and came into effect on 1 July 2002. While the ICC is endorsed by the United Nations General Assembly, it operates independently and relies on member states to enforce its arrest warrants.

Netanyahu’s Response

Prime Minister Netanyahu has strongly opposed the ICC’s actions, stating that Israel "will never accept any attempt by the ICC to undermine its inherent right of self-defence." He warned that the ICC’s actions could set a "dangerous precedent."

The Role of the ICC

The ICC’s involvement typically occurs when countries are unable or unwilling to prosecute crimes within their own jurisdictions. Israel contends that it has a functional legal system capable of addressing such issues, leading to disputes over the ICC’s jurisdiction.

The Palestinian Connection

The Palestinian territories joined the ICC in 2015 after their status was elevated to a non-member observer state by the UN General Assembly in 2012. The ICC accepted "The State of Palestine" as a member, enabling investigations into possible crimes committed on Palestinian territory. Israel has frequently accused the ICC and other international bodies of bias.

Recent Developments

In December, ICC Prosecutor Karim Khan visited Ramallah and Israel, meeting with Palestinian officials and families of Israelis affected by Hamas militants' actions. Khan condemned Hamas’ actions and emphasized that international humanitarian law must be upheld by all parties in the conflict.

High-Profile ICC Charges

In recent history, the ICC has charged several high-profile leaders, including Russian President Vladimir Putin, Sudanese strongman Omar al-Bashir, and Libyan leader Moammar Gadhafi. These charges have underscored the court’s commitment to addressing significant international crimes.

The potential arrest warrants for Netanyahu and Hamas leaders mark a significant escalation in the ICC’s involvement in the Israel-Hamas conflict. As the situation develops, the global community will closely watch the implications for international justice and regional stability.

Historical Context

The ICC has faced criticism for its focus on African countries in its early years but has since expanded its investigations to include regions in Asia, Europe, the Middle East, and Latin America. The court currently has 17 ongoing investigations, has issued 42 arrest warrants, and has taken 21 suspects into custody, resulting in 10 convictions and four acquittals.