ICC’s Arrest Warrants for Netanyahu and Gallant Explained: What Happens Next?

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for alleged “crimes against humanity and war crimes.” The warrants were issued following a series of referrals to the court, including a request from Palestine in 2018, and additional submissions in 2023 by South Africa, Bangladesh, Bolivia, Comoros, Djibouti, and, later, Chile and Mexico.

What Is the ICC and How Does It Operate?

The ICC, based in The Hague, Netherlands, was established under the Rome Statute of 1998 to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, and crimes against humanity. As of now, 124 countries are signatories to the Rome Statute, though notable nations such as India, China, and the United States are not.

The ICC acts when a country is unable or unwilling to prosecute such crimes itself. Its jurisdiction applies to cases referred by the United Nations Security Council or when crimes are committed in countries that are signatories of the statute. While Israel is not a member of the Rome Statute, Palestine is, which allowed the ICC to have jurisdiction over the ongoing situation.

Why Has the ICC Issued Arrest Warrants for Netanyahu and Gallant?

Both Netanyahu and Gallant have been accused of war crimes, including starvation as a method of warfare and crimes against humanity such as murder, persecution, and inflicting inhumane acts. The charges stem from their actions in Gaza, where they allegedly deprived civilians of essential resources such as food, water, medicine, and fuel from October 2023 onwards.

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The ICC claims that the Israeli leaders knowingly restricted vital supplies, exacerbating the humanitarian crisis in Gaza. Further, they are accused of being responsible for actions carried out by Israeli forces under their command, including torture, violence, killing, and property destruction. Additionally, the accused are believed to have intentionally prevented medical supplies, such as anesthetics, from reaching Gaza, contributing to great suffering among civilians.

What Happens Now?

Once the ICC issues an arrest warrant, the international community is expected to enforce it. However, this depends largely on cooperation from member states. If Netanyahu or Gallant were to travel to any of the 124 countries that are part of the ICC, those governments would be legally bound to arrest and extradite them to The Hague for trial.

This could cause significant diplomatic challenges for Israel, as several of its allies, including Germany, France, and the United Kingdom, are members of the ICC. Although these countries have so far supported Israel, it is highly unlikely that they would arrest Netanyahu if he travels there. This means that while the arrest warrant may not immediately affect Netanyahu’s movements, it will undoubtedly increase pressure on Israel internationally.

What Does This Mean for Israel and Palestine?

The ICC’s warrant serves as a major moral victory for Palestine, providing international legal recognition of its claims against Israel. While the warrant may not immediately result in the arrest of Netanyahu or Gallant, it is a significant step in the ongoing legal and diplomatic battle over Israel’s actions in Gaza.

The move is expected to deepen Israel’s international isolation, especially in countries that have backed Palestine’s case. As the situation evolves, it remains to be seen how these developments will influence the broader conflict and Israel’s foreign relations.

In the end, the ICC’s decision highlights the growing scrutiny on Israel’s actions in Gaza, and it signals that global accountability for war crimes is becoming increasingly important on the international stage.