ICC Issues Arrest Warrants for Netanyahu and Hamas Leader: A Step in the Right Direction
The International Criminal Court made its findings known, accusing the Israeli Prime Minister of committing acts of “murder, persecution and starvation as a weapon of war.”
It finally happened. After all this time of waiting, and all the suffering and death, the International Criminal Court has issued a warrant for Israeli Prime Minister Benjamin Netanyahu’s arrest. 1The move, which has been months in the making, means that any country that has signed onto the ICC would be responsible for arresting Netanyahu should he step onto their territory. Though it is unlikely that will occur, the warrant is yet another reminder that Israel’s ongoing war in Gaza is a crime against humanity.
What is the ICC?
While it has been some time since I wrote on the ICC, it is important to reiterate the importance of the Court’s functions. As I explained in my piece detailing the ICC’s initial investigation into Israel’s activity in Gaza earlier this year:
The International Criminal Court (ICC) was established in 2002. Not to be mistaken with the International Court of Justice, the ICC seeks to investigate and prosecute serious crimes such as genocide, war crimes, crimes against humanity, and wars of aggression. It has 124 member states that recognize its authority, although several countries, such as the United States, India, Russia, and China, are not members of the international body.
In the decades following World War 2, efforts were made to establish an international standard for dealing with crimes that exceeded the usual intra-national jurisdiction standards. From 1945 to 1946, over 20 Nazi officials and several organizations were tried for war crimes at Nuremberg, demonstrating a need for an international mechanism to hold such criminals accountable. The trial resulted in 161 convictions, and 37 were executed. Similarly, 11 countries joined together to establish a war crimes tribunal for Japanese war criminals between 1946 and 1948, which resulted in the conviction of 23 war criminals. Seven were executed, and sixteen were sentenced to life in prison.
Despite these pushes for international justice and legal standards, tensions between nations and questions of jurisdiction, many of which remain unsolved, meant that until the early 2000s, the Court began to take shape as an organization with enforcement powers. Since then, the Court has increasingly become an integral but still developing part of holding serious criminals accountable. 2
The ICC’s role is largely reliant on setting legal standards for the international community and the willingness of nation-states to uphold and enforce the Court’s orders. Previously, the Court charged Russian President and war criminal, Vladimir Putin for the illegal deportation and abduction of children from Ukraine.3 In both cases, the Court’s warrants serve to further isolate both Putin and Netanyahu as war criminals in the eyes of the international community even if they aren’t going to be arrested.
What are the charges?
When it comes to the charges filed, Netanyahu was only one of the people charged, as Hamas leader Ibrahim Al-Masri and Israeli defense chief Yoav Gallant were also charged, but it is the charges that were filed against Netanyahu that are the most significant. The Court charged Netanyahu with, among other things, murder, persecution and using starvation as part “widespread and systematic attack against the civilian population of Gaza.”4
These charges, which Netanyahu has lambasted as “anti-Semitic” serve as a stark reminder that the ongoing war in Gaza is not only being conducted by an alleged war criminal, but is also being waged at the expense of innocent men, women and children.5 6 The ICC warrant, therefore, is not only necessary and proper to upholding the rule of law on the international stage, but also for humanity at large.
Just as Russian President Vladimir Putin’s war crimes were rightfully called out by the ICC, so too must Netanyahu’s crimes. No matter which group of people is responsible for a war crime, the law must be applied fairly. While it is unlikely that Netanyahu will ever see the inside of a jail cell, it is clear that Netanyahu has gotten what he deserves.7
Originally published at https://theprogressiveamerican.com on November 25, 2024
Stephanie van den Berg, and Nidal Al-Mughrabi, “ICC Issues Arrest Warrants for Israel’s Netanyahu, Gallant and Hamas Leader,” Reuters, November 21, 2024, sec. World, https://www.reuters.com/world/icc-issues-arrest-warrants-israels-netanyahu-gallant-hamas-leader-2024-11-21/. ↩︎
Conor Kelly, “Israel Could Face Charges from the International Criminal Court,” The Progressive American (blog), April 30, 2024, https://theprogressiveamerican.com/2024/04/30/israel-could-face-charges-from-the-international-criminal-court/. ↩︎
Raf Casert and Mike Corder, “International Court Issues War Crimes Warrant for Putin,” AP News, March 18, 2023, https://apnews.com/article/icc-putin-war-crimes-ukraine-9857eb68d827340394960eccf0589253. ↩︎
Stephanie van den Berg, and Nidal Al-Mughrabi, “ICC Issues Arrest Warrants for Israel’s Netanyahu, Gallant and Hamas Leader,” Reuters, November 21, 2024. ↩︎
“Reactions to ICC Prosecutor’s Request for Arrest Warrants for Israeli, Hamas Leaders,” Reuters, May 20, 2024, sec. Middle East, https://www.reuters.com/world/middle-east/reactions-icc-decision-israeli-hamas-leaders-2024-05-20/. ↩︎
Marc Daou, “ICC Arrest Warrants: Binyamin Netanyahu’s World Has ‘Shrunk Considerably,’” France 24, November 22, 2024, sec. middle-east, https://www.france24.com/en/middle-east/20241122-icc-arrest-warrant-binyamin-netanyahu-world-has-shrunk-considerably-gallant-international-justice. ↩︎
Cassandra Vinograd and Matthew Mpoke Bigg, “Few Sitting Leaders Have Faced I.C.C. War Crimes Charges,” The New York Times, November 21, 2024, sec. World, https://www.nytimes.com/2024/11/21/world/middleeast/icc-war-crime-arrest-warrants-putin.html. ↩︎