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Some 185 days after they were requested by prosecutor Karim Khan, the International Criminal Court last week issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu, ex-Defense Minister Yoav Gallant and Mohammed Deif, a Hamas commander.
Many ask, will this make any difference? Will Israel end its genocide in Gaza? The answer is almost certainly “no.” Netanyahu, now a war crimes suspect at large, is very unlikely to adopt a course correction and neither are his Cabinet colleagues. Israeli officials will conjure up fresh excuses and lines of attack for public relations purposes. Already, Netanyahu has abused the fight against antisemitism by referring to a “modern Dreyfus trial,” in reference to an infamous incident from the 1890s, in which a Jewish French officer was falsely accused and convicted of treason before eventually being acquitted.
At best, one or two around the Israeli Cabinet table might twitch at the thought they could be next. But many other Israelis in politics, the armed forces and security services should fear further warrants. No doubt, many would like to be able to travel freely, to see loved ones in other countries. Netanyahu is now 75, but younger military commanders may have years to endure any sanction.
Undoubtedly, a failure by the International Criminal Court to agree to the arrest warrants would have been catastrophic for international law and the rules-based order. At least the court can now say that it does go after the friends of the big powers. It is not only for African leaders. This matters. It sends a message to wannabe war criminals. However powerful your friends may be, they cannot protect you from the international judicial system.
If any of the accused land in one of the 124 member states, they must be arrested and dispatched to The Hague
Chris Doyle
State members of the court must honor their obligations and with gusto. This is a legal obligation, not a request. If any of the accused land in one of the 124 member states, they must be arrested and dispatched to The Hague. Some states have made clear they would do this. These include Italy and the Netherlands.
On the flip side, there are states prepared to trash international law and the rules-based system led by the US. Some American politicians even threatened sanctions against historic allies like the UK and France if they were to help the International Criminal Court. Others referred to America’s so-called Hague Invasion Act, which permits the US to use all means necessary to free Americans or its allies detained on the court’s orders.
Britain led the pack of those that gave equivocal responses. Ministers said they would respect the decision and abide by their legal obligations, but they would not be caught on camera saying the UK would arrest Netanyahu. Back in May 2023, when the court issued an arrest warrant for President Vladimir Putin of Russia, British ministers fell over themselves to welcome the historic decision, including Keir Starmer when he was opposition leader. Starmer has not personally commented on the new warrants.
And who was shocked that the far-right Hungarian Prime Minister Viktor Orban invited Netanyahu to come and visit his country?
What was also startling was that much of the media coverage focused on the Israeli reaction and those of its allies, not the crimes themselves. Those states that welcomed the court’s decision were rarely mentioned.
What was startling was that much of the coverage focused on the Israeli reaction and those of its allies, not the crimes
Chris Doyle
Absent from most coverage were the victims. Typically, they were not even cited as Palestinians. Readers and viewers might have been left wondering exactly what these war crimes and crimes against humanity were. The voice of the Palestinians, those who have lost loved ones and are at this moment being starved to death, were missing.
Many in the media ignored the human rights community’s near-universal condemnation of Israel. It is hard to find a single human rights group that has not detailed and condemned the war crimes of which Netanyahu and Gallant are accused.
What should happen now? International Criminal Court member states should be reviewing their entire relationship with Israel. Those with any moral integrity should, if they have not done so already, introduce a full arms ban and cease any military and security cooperation with Israel. All states should demand that Israel hands the accused over to the court. It should be a condition of future relations with Israel that this happens.
But there are still questions for the court. Why have there been no warrants over the building of illegal Israeli settlements, which are clear violations of the Rome Statute? This should have been addressed years ago and, particularly following the July advisory opinion of the International Court of Justice, which made the authoritative determination that the occupation was unlawful and the settlements had to go, the International Criminal Court should be questioned as to why action has not been taken. There is no dispute of fact. The settlements exist, are being expanded and are in occupied territory.
Khan made it clear back in May that these warrants would almost certainly not be the last. Is he considering requesting arrest warrants for other Israeli and Hamas leaders? Israel has assassinated most Hamas leaders. But given the scale of atrocities that Palestinians are suffering every day, it is inconceivable that more Israeli figures will not be charged.
- Chris Doyle is director of the Council for Arab-British Understanding in London. X: @Doylech