Staff Reports
The International Criminal Court has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three leaders of Hamas. The ICC prosecutor believes they are responsible for war crimes and crimes against humanity, including using starvation as a weapon of war and directing attacks against civilians. The warrants have not been issued yet, as the court’s judges must approve them.
Israeli leaders have objected to the ICC’s announcement, arguing that the conduct of the Israeli military should not be equated with the actions of the terrorist organization Hamas. President Joe Biden also denounced the ICC’s move, stating that there is no equivalence between Israel and Hamas and reaffirming the United States’ support for Israel’s security.
The ICC, established in 2002, is the only permanent international court that can prosecute individuals for war crimes, genocide, and crimes against humanity. However, Israel is not a member of the ICC, while Palestine has been a member since 2015.
The United States, also not a member state of the ICC, has expressed that the court has no jurisdiction over this matter and raised concerns about the prosecutor’s rush to seek arrest warrants without allowing the Israeli legal system to proceed with its ongoing investigations.
It is uncertain whether the arrest warrants will lead to the actual arrest of the individuals, as ICC judges have approved warrants for 46 people, but most have not been tried. Only a few have been convicted, and several individuals remain at large. Notably, Russian President Vladimir Putin previously avoided attending a summit in a country that is a member of the ICC following the issuance of an ICC arrest warrant for him.
The ICC’s pursuit of arrest warrants for Israeli and Hamas leaders has faced opposition from both Israeli and U.S. officials, with questions raised about the court’s jurisdiction and the conduct of its investigation.
