Netanyahu ‘wanted’: A landmark legal moment in the Palestinian struggle
The ICC’s arrest warrant for Netanyahu and Gallant has beamed a blinding spotlight on Israel's war crimes, marking a major legal step in holding Tel Aviv accountable for its atrocities in Gaza, while shaking up the halls of international diplomacy.
“The International Criminal Court’s (ICC) decision is one of the largest legal developments in the history of Israel. The 124 member states of the court will be legally obligated to arrest Netanyahu and Gallant if they enter its territory … and it may have broader repercussions that limit the ability of third parties to cooperate with the Israeli army.”
This is how Eliav Lieblich, a professor of international law at Tel Aviv University, summarized the potential consequences of the ICC issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
The decision marks a historic step toward international justice for the Palestinian cause after decades of impunity for Israeli leadership, especially given the immense pressure from Tel Aviv and its US ally on the ICC's prosecutor and judges.
The charges against Netanyahu and Gallant hold them accountable for acts of torture, violence, murder, rape, and the destruction of property by occupation forces under their command.
The court found “reasonable grounds to believe that the defendants intentionally and knowingly deprived the civilian population of Gaza of things necessary for their survival, such as food, water, medicines, and medical supplies, as well as fuel and electricity, from at least 8 October 2023 until May 20, 2024.”
It also noted that "by restricting or preventing the arrival of medical supplies and medicines to Gaza – including anesthesia materials and machines – the two defendants are responsible for inflicting great suffering through inhumane acts against people in need of treatment."
Can the arrest warrants be enforced?
The ICC lacks its own enforcement arm, relying on member states to act. Once arrest warrants are issued, they become binding for the 124 countries that are party to the Rome Statute. If Netanyahu or Gallant visit any of these countries, local authorities are obligated to detain them and send them to The Hague. History has shown that such warrants significantly limit travel options for indicted leaders, who risk arrest in participating countries.
But what happens if some countries refuse to comply? International law expert Dr Mohamed Habhab informs The Cradle that the ICC's decisions are binding on its General Assembly members, with three possible responses if a country refuses to implement the warrants:
First, if the UN Security Council refers a case to the ICC, the Security Council can take further action against countries that do not comply with the court's decision. This means that the UNSC has the authority to impose measures or sanctions on non-compliant countries to ensure enforcement of the arrest warrants.
Second, when the prosecutor initiates a case, the Assembly of States Parties to the Rome Statute can take measures against countries that refuse to comply. This means that the Assembly, which consists of representatives from all member countries, can put pressure on non-compliant states by taking appropriate actions, which may include diplomatic measures or sanctions.
Third, if member states themselves refer a case to the ICC, as happened in the case of the arrest warrants against Netanyahu and Gallant, actions can be pursued either through the Assembly of States Parties or through the UNSC. This means that the referring member states, along with the Assembly, can collectively push for compliance and ensure that the arrest warrants are implemented.
Habhab believes that although it is unlikely that Netanyahu will be seen behind bars anytime soon, the court’s decision is a “moral victory” for the Palestinian cause, and can be used to build global public opinion against the occupation state. Moreover, legally, it could pave the way for more states to compile joint cases over other crimes committed by Israeli forces.
In addition to the initial referral by Palestine, the ICC has received further referrals from South Africa, Bangladesh, Bolivia, Comoros, Djibouti, Chile, and Mexico, indicating a growing international effort to hold Israel accountable for its egregious and widespread criminality in Gaza.
Mounting international pressure
While Netanyahu and Gallant may avoid arrest in Israel-allied countries, the ICC warrants create a major diplomatic problem for Tel Aviv. Austria's foreign minister called the arrest warrants "incomprehensible and ludicrous," but nonetheless reiterated his country's commitment to international law.
Similarly, Italy's defense minister said Italy would fulfill the ICC's demand if Netanyahu or Gallant arrived, despite calling the ruling "wrong." The country’s foreign minister also stated, “We support the ICC … the court must play a legal role and not a political role.”
Ireland’s Prime Minister Simon Harris responded “Yes, absolutely,” when asked if Ireland would arrest Netanyahu. “We support international courts, and we apply their warrants,” he said.
The Deputy Prime Minister of Spain and Minister of Labor also supported this position, stressing that Spain always stands on the side of justice and international law, and that the crime of exterminating the Palestinian people cannot go unpunished.
The UK – one of Israel's key allies – hinted that Netanyahu might face arrest if he travels there. As British Prime Minister Keir Starmer’s spokesman stated this week: “There is a clear legal mechanism that must be followed," adding, “The United Kingdom will always remain committed to legal obligations as stipulated in domestic and international law.”
In turn, Canada's Prime Minister Justin Trudeau affirmed that his country, as one of the ICC's founding members, defends international law and adheres to all rulings and decisions issued by the court. “It’s really important that everyone abide by international law,” Trudeau said.
Other countries, such as Switzerland, the Netherlands, and Sweden, all confirmed they would uphold their legal duties under the Rome Statute, meaning Netanyahu and Gallant face a high risk of arrest if they enter these states. EU foreign policy chief Josep Borrell also declared that the ICC's decision to arrest the pair is "binding," and the court's member states must "respect and implement the decision."
On the other side, some Israeli allies, like Hungary and Argentina, have openly refused to implement the ICC's arrest orders. In response, rights groups have turned up the pressure.
‘WANTED’
Amnesty International (AI) declaredNetanyahu to be "formally wanted," urging countries to bring him before independent judges. Human Rights Watch also voiced support for the warrants, criticizing attempts by Israel to obstruct justice. As Amnesty's Secretary General Agnès Callamard has now said:
“Prime Minister Netanyahu is now officially a wanted man. Following his indictment, as well as the indictments of Gallant and Mohammed al-Masri, commonly known as Mohammed Deif, ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges. There can be no ‘safe haven’ for those alleged to have committed war crimes and crimes against humanity.”
Human Rights Watch (HRW) said the decision of ICC judges to issue arrest warrants against two senior Israeli officials deserves international support, and that these warrants are of particular importance in view of Israel's brazen attempts to obstruct the course of justice in the court.
A coalition of 11 NGOs, including the French League for Human Rights, called on the French government to arrest Netanyahu and Gallant if they set foot in France, emphasizing that the ICC's warrants underscore the urgent need for sanctions against Israeli officials.
This came after French Foreign Ministry spokesman Christophe Lemoyne, during a press conference, avoided giving a clear answer regarding whether his country would implement the arrest warrant issued by the International Criminal Court, and said: “It is a complex point from a legal standpoint.”
Predictably, the ICC's decision has sparked outrage in Israel. Netanyahu and other officials labeled the move "antisemitic" and "shameful." US President Joe Biden also criticized the ruling, reiterating Washington’s support for Israel's "right to defend itself." However, this hasn't dulled the potential implications of the warrants.
Even if Netanyahu and Gallant never face a trial in The Hague, this moment serves as a powerful reminder that international pressure can shift the narrative, and that the pursuit of justice, however slow, is attainable. The Palestinian struggle for recognition and accountability has taken a significant step forward, and the world is watching closely to see what comes next.
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