The International Criminal Court of Justice (ICC), in its verdict, issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu, a decision that brought some respite to the global community opposing Zionist propaganda and their settler colonial project. The ICC also issued arrest warrants against former Israeli Defence Minister Yoav Gallant, Hamas leader Yahya Sinwar, who was killed in Lebanon by Israeli forces, and Mohammad Deif, who was also reportedly killed in July this year.
The arrest warrants were issued after the ICC heard of the legal case against Israeli war crimes, lodged by South Africa. According to Reuters, “In their decision, the ICC judges said there were reasonable grounds to believe Netanyahu and Yoav Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a ‘widespread and systematic attack against the civilian population of Gaza.'”
Since October 2023, Israel has been waging war in Gaza, a small Palestinian territory, resulting in thousands of men, women, and children being killed, thousands rendered homeless and deprived of sustenance, children and infants facing starvation and death, and women enduring a lack of respite and dignity. According to the Anadolu Agency, “Israeli attacks killed at least 14 more Palestinians in the Gaza Strip, pushing up the overall death toll since last year to 44,249, the Health Ministry….A ministry statement added that some 104,746 others were injured in the ongoing assault.”
“The UN’s Human Rights Office has condemned the high number of civilians killed in the war in Gaza, saying its analysis shows close to 70 per cent of verified victims over a six-month period were women and children,” writes the BBC.
All in all, this could mean that Netanyahu’s global travel and free movement to other nations, which abide by international law, shall be curbed, as the sword of getting arrested might follow him everywhere. However, this could also mean nothing if Netanyahu decides to run all his foreign policy and affairs from his home turf.
While the decision taken by the ICC instils confidence in the international community and justice and represents a defeat to Israel’s presumptuous worldview, it may ultimately have little impact on the actual situation on the ground.
It must be noted that the same ICC has issued an arrest warrant against President Putin for his war crimes against Ukraine. Yet Putin seems to be thriving and undeterred.
Does this arrest warrant mean anything?
It must be duly noted that the ICC doesn’t have its own army or police force to arrest someone once the warrant is issued. The ICC doesn’t have any jurisdiction over going to Israel and arresting Netanyahu, while on the other hand, nations bound by the Rome Statute could have Netanyahu arrested whenever he sets foot in their nations. Canadian Prime Minister, Justin Trudeau recently said that Canada shall abide by international law and will have to arrest Netanyahu. “We stand up for international law, and we will abide by all the regulations and rulings of the international courts,” said PM Trudeau.
All in all, this could mean that Netanyahu’s global travel and free movement to other nations, which abide by international law, shall be curbed, as the sword of getting arrested might follow him everywhere. However, this could also mean nothing if Netanyahu decides to run all his foreign policy and affairs from his home turf.
Furthermore, the ICC cannot advance with the trial if the perpetrator remains unapprehended, and since the ICC lacks the authority to arrest him within his home country, Netanyahu could potentially annihilate the entire Palestinian population. Given that the conflict has escalated into Lebanon, both nations may face devastation, while the ICC would be rendered ineffective, merely issuing judgements.
However, according to The Hindu Editorial, “this war has left a moral stain on Israel and its supporters, and the ICC arrest warrants serve to endorse growing international criticism of Israel’s actions. While Mr. Netanyahu and Mr. Gallant may not be arrested or tried, the warrants deepen Israel’s international isolation and complicate its diplomatic relations.”
Though this could weaken Israel’s standing with the rest of the nations, on the ground, the reality remains that the US, Israel’s patron and biggest supporter of war crimes against Palestine, will continue to lobby arms and weapons to further this war to a bigger scale.
What happened to Putin?
According to ICC, on “7 March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the Court”) issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr Vladimir Vladimirovich Putin and Ms Maria Alekseyevna Lvova-Belova.”
The ICC further states, “Mr Vladimir Vladimirovich Putin, born on 7 October 1952, President of the Russian Federation, is allegedly responsible for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. There are reasonable grounds to believe that Mr Putin bears individual criminal responsibility for the aforementioned crimes, (i) for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute), and (ii) for his failure to exercise control properly over civilian and military subordinates who committed the acts, or allowed for their commission, and who were under his effective authority and control, pursuant to superior responsibility (article 28(b) of the Rome Statute).”
Yet Putin is still enjoying his premiership, without any threat or restraint. Putin was supposed to travel to Mongolia in September 2023. The whole world along with International human rights bodies waited in anticipation. Mongolia a member of ICC, welcomed Putin with pomp and pride. According to the BBC “A spokesperson from the Kremlin said it was not concerned Mr Putin would be arrested during the visit.” Mongolia an ICC member was supposed to arrest Putin but it did not.
What could this mean for Netanyahu, who has his back supported by the US? The arresnt wannent could mean simar implications to Netanyahu as Putin, which are none.
Is ICC still relevant?
ICC was established on 17 July 1998, under the Rome Statue. Rome Statute is an international treaty established by the ICC in Rome in 1998 and was adopted by the ICC in 2002. According to NPR, “Thirty-two cases have gone before the court, which consists of 18 judges that are each from a different country, are elected by the member states and serve 9-year, nonrenewable terms.”
The ICC till now has brought to trial some leaders from Africa, including, Ex Suddense President Omar Al Bashir, and Joseph Koney, a leader of the rebel movement in Uganda, and others mainly from the African continent, which is why Africa has maintained their position that ICC is just Whilte imperialism and often brings to trail the week African nations.
According to BBC, “The ICC has been criticised, particularly by the African Union, for its focus on Africa. However, it denies any bias, pointing to the fact that some cases were self-referred by the country affected, or referred to it by the UN.”
Matt Killingsworth writes in The Conversation, “The court took until 2006 to start its first trial and a further six years to announce its first conviction. Indeed, in its 20 years of operation, with a total budget of nearly €1.5 billion (A$2.2 billion), it has made only ten convictions and four acquittals.”
The situation is adverse and dire in Gaza, an arrest warrant could not mean anything on the ground and could potentially not change Israel’s genocidal offensive in Gaza.
Killingsworth further mentions, “Perhaps the critics’ greatest frustration with the ICC is its perceived failure to hold the United States (and Israel, to a lesser extent) to account. However, much of this frustration represents a misunderstanding about the court’s legal reach. Neither the US nor Israel is a signatory to the Rome Statute, and the US could veto any attempt to initiate a referral through the UN Security Council.”
This essentially means that ICC’s arrest warrant against Netanyahu wouldn’t translate into anything since Israel backed by the US does not abide by the Rome Statue and international law. Regarding the US using the power and monopoly over veto in the UN, over the course of 13 months, the US vetoed the referendum for a ceasefire in Gaza at least five times.
The Gazans continue to suffer
The arrest warrant against Netanyahu could be a sign of the international community finally holding the war criminals accountable and the international community’s affirmation of their role in global security and justice. But as the Hindu editorial mentions, Netanyahu might not be arrested or tried.
On the other hand, the reality in Gaza remains the same. Gazans are destitute as the winter poses a great threat to living conditions which are already unbearable. The Gazans are staving, with no place to live and facilities to weather the harsh winters upon them. Israelis continue to kill more and more people and the US keeps vetoing a ceasefire in the region. The situation is adverse and dire in Gaza, an arrest warrant could not mean anything on the ground and could potentially not change Israel’s genocidal offensive in Gaza.
