What Comes Next Following ICC Warrants for Leaders of Israel and Hamas?
Judges at the International Criminal Court (ICC) recently issued arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu, his former defense minister, and a leader of Hamas, alleging they committed war crimes and crimes against humanity.
This development follows ICC prosecutor Karim Khan’s declaration on May 20, asserting his pursuit of arrest warrants related to the October 7 attacks on Israel by Hamas and the ensuing military actions in Gaza.
Let’s dive into the potential ramifications of this situation and how the prosecutor’s actions could reshape diplomatic landscapes and influence ongoing legal matters concerning Gaza.
**Are Netanyahu and the Hamas Leader at Risk of Arrest?**
While the warrants have been issued, the ICC lacks any means to enforce them. Picture this: no police force exists for the ICC; thus, it relies entirely on member states or nations willing to cooperate for any arrests.
As for repercussions for failing to detain an individual under a warrant? They’re minimal—essentially a light diplomatic reprimand that could involve referring a non-compliant country to the ICC’s assembly of member states, ultimately escalating the matter to the UN Security Council.
Notably, the ICC encompasses all countries within the European Union, along with the UK, Canada, Japan, Brazil, and Australia. In the Middle East, the Palestinian territories and Jordan are members as well. However, Israel and the United States are notably absent from this group.
The court claims its jurisdiction over Israeli officials based on the admission of the Palestinian territories as a member state in 2015. This means it can prosecute alleged atrocity crimes involving nationals of member states or anyone committing offenses on such territories, irrespective of their nationality.
**Can an ICC Investigation or Warrant Be Delayed?**
The ICC’s regulations permit the UN Security Council to adopt resolutions which can pause or defer an investigation or prosecution for a year, with options for annual extensions.
Once a warrant is issued, the involved nation or individual named can challenge the court’s jurisdiction or the case’s admissibility. If it turns out that another state is already handling similar allegations, a case might be declared inadmissible.
However, the court has stipulations in place: this exemption applies solely when a state investigates the same individuals for substantially identical offenses. For instance, a corruption probe would not satisfy the “same person, same conduct” criteria.
If there’s a request to stall an investigation, the prosecutor may pause the case to assess whether the requesting state is genuinely conducting its investigation. Should the prosecutor find national investigations lacking, they can call for judges to resume the inquiry.
**Can Netanyahu and the Other Accused Continue Traveling Freely?**
Indeed, they can. An ICC arrest warrant does not act as a formal travel ban, yet any attempts to travel to an ICC signatory nation come with risks of arrest, potentially swaying the accused’s travel choices.
There are no prohibitions preventing political figures, MPs, or diplomats from engaging with individuals facing ICC arrest warrants. Nevertheless, such encounters can carry unwanted political baggage.
**Will These Warrants Affect Other Legal Proceedings?**
While not directly, there could be indirect impacts. The ICC’s actions are distinct from other cases calling for an arms embargo against Israel or South Africa’s accusations at the International Court of Justice, alleging violations of the Genocide Convention in Gaza.
Should ICC judges find reasonable grounds to believe that Netanyahu and former defense minister Yoav Gallant are guilty of war crimes, it might lend credibility to South Africa’s case. The ICJ often considers findings made by other judicial bodies.
The significance of the warrants could also strengthen international appeals for an arms embargo, given that many countries have policies against supplying arms to entities suspected of breaching humanitarian laws.
Edited by: Ali Musa
alimusa@axadletimes.com
Axadle international–Monitoring