The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, but also to his former Defense Minister, Yoav Gallant, as well as Mohamed Deif, a leader of Hamas.
So, what are the official charges brought by the Court? The ICC is a permanent international tribunal established to prosecute individuals for the most serious crimes of international concern, such as genocide.
The prosecutor of the ICC had already requested, back in May, that arrest warrants be issued for these political figures. As mentioned, the Court states that it has reasonable grounds to believe that they are responsible for, notably, crimes against humanity, including “murder, extermination, torture, rape, and other forms of sexual violence, as well as war crimes such as murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, rape, and other forms of sexual violence.”
So, what could happen now, and what have been the reactions?
First of all, it’s important to understand that not all countries in the world are members of the International Criminal Court. To be a member, a country must have signed and ratified a treaty called the Rome Statute. Israel is not one of these countries, nor are the United States, which have signed the Statute but never ratified it.
This is crucial because, in reality, Benjamin Netanyahu, Yoav Gallant, or even Mohamed Deif, if he is still alive, can only be arrested if they travel to a country that is a member of the Court and is willing to use its police forces to carry out such an arrest.
Moreover, some countries are ICC members but do not always respect their theoretical obligation to arrest individuals subject to warrants. For example, Vladimir Putin is also under an ICC arrest warrant. Nevertheless, the European Union and countries like Jordan have announced that they would enforce the arrest warrant should these individuals enter their territories. However, the position of certain countries is limited, for example as Defense Minister Guido Crosetto acknowledged that Italy would be required to arrest Netanyahu should he enter Italian territory, but the Transport Minister said a day after the charges were dropped that “Benjamin Netanyahu would be welcomed in Italy.” For him, Israel is only defending its territory, and “the war criminals are others.”
Hamas, on the other hand, welcomed the decision as “an important step toward justice.”
So, while the White House rejected the ICC decision, several European countries have said that they would respect the decisions of the court. The situation in Gaza and Lebanon remains catastrophic, with ongoing violence and
immense suffering for civilians. Authorities report over 44 000 deaths in the Gaza strip and at least 4000 in Lebanon, while the UN states that 70% of these casualties are women and children. The local population and the international community hope that the ICC arrest warrant can push for accountability and spark efforts toward a ceasefire and a lasting peace in the region. However, challenges in enforcing the warrant leave the region waiting for concrete steps toward justice and resolution.
A cura di Eleonora Tria
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