What does the ICC’s arrest warrant for Netanyahu mean for the Israel Palestine conflict?

With the ongoing conflict between Isreal and Palestine will arrest warrants made by the ICC make a difference?

Lily Stokes
16th December 2024
FMT
On Thursday the 22nd November, the International Criminal Court (ICC) issued an arrest warrant for Benjamin Netanyahu, Israeli Prime Minister; Yoav Gallant, the country’s former defence minister, and Mohammed Deif, Hamas military leader. The ICC has cited “war crimes of starvation as a method of warfare the crimes against humanity of murder, persecution, and other inhumane acts” as grounds for the arrest warrants on the three men.

It is the first time that the ICC has issued an arrest warrant for leaders of a democracy, and a western-allied state. So, with such a significant decision, we must ask ourselves: will it actually be effective? One can hope that the Israeli government will be more careful about accepting illegal orders from the top. Countries supplying arms are also reminded of Israel’s war crimes in Gaza.

Internationally, the ICC’s arrest warrant seriously tarnishes Israel’s reputation as a beacon of democracy, in a highly undemocratic region. And, therefore, Israel is finding itself increasingly isolated from the West.

A flurry of statements from European leaders confirm they would comply with the ICC’s arrest warrant if Netanyahu would travel to their country. A No. 10 spokesperson said Britain would “fulfil legal obligation” in doing so, too.

Despite this, strong remarks have come from Netanyahu’s office, claiming that the warrant is ‘false’, ‘absurd’, and ‘antisemitic’. Biden’s response echoes the sentiment of Netanyahu’s, with the White House calling it “outrageous”. Here, Biden’s double standards come to light, having backed a similar arrest warrant for Putin and other Russian officials, in March 2023. Come January, Trump is likely to have even stronger support for Israel. During his first term, Trump imposed sanctions on the prior ICC prosecutor, Fatou Bensouda, and similar sanctions are being threatened by incoming Republican Senate Majority Leader, John Thune. It is worrying to see America running to Israel’s defence.

At the heart of this arrest warrant, should be the victims of such war crimes; those suffering in Gaza, but also globally from unjust wars and inhumane treatment. Currently, we are failing to fulfill the Rome Statute's key responsibility: that all human beings' lives have equal value.  

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