A difficult situation for Israel if the ICC issues an arrest warrant for Mr. Netanyahu

Both Israel and its allies will be in a difficult situation if the International Criminal Court (ICC) issues an arrest warrant for Mr. Netanyahu, something unprecedented in the West.

Prime Minister Benjamin Netanyahu on May 5 issued harsh criticism of the International Criminal Court (ICC), saying that the body is seeking to limit Israel's "right to self-defense" when considering the possibility of arrest warrant for him and a number of high-ranking officials in the government and army related to the Gaza war.

"If they issue an arrest warrant for the Israeli government and military leadership, it will be an indelible stain on the ideals of justice and international law," he said.

The ICC investigation began in December 2019, when the agency announced it had enough evidence to consider accusing Israel and Palestinian armed groups, including Hamas, of committing war crimes in the West Bank. , East Jerusalem and the Gaza Strip during the 2014 war, as well as violent incidents near the Israel-Gaza border in 2018

By March 2021, then-ICC chief prosecutor Fatou Bensouda opened an investigation with both Israel and Hamas, but has not announced the conclusions. When Israel launched a campaign to attack the Gaza Strip in response to Hamas's raid on its territory in October 2023, the ICC did not release any new information about the investigation.

However, when Bangladesh, Bolivia, Comoros, Djibouti and South Africa accused Israel of committing "genocide" in Israel's Gaza late last year, current ICC chief prosecutor Karim Khan announced the expansion of the scope of the investigation. , looking at the Israel-Hamas war in Gaza.

The ICC has not yet completed its investigation, but Israeli media recently reported that the court may be preparing to issue arrest warrants for Prime Minister Netanyahu, Defense Minister Yoav Gallant and army chief of staff Herzi Halevi. Israeli officials are concerned that an arrest warrant may be announced by the ICC in the next few days and have called on the US to put pressure on the court.

The ICC has never issued an arrest warrant for the leader of a Western-style democratic country and Mr. Netanyahu could be the first. Therefore, Israel is very concerned about the possibility that the country will be discriminated against and isolated if such a decision is announced, according to observers.


ICC was founded in 2002 and is headquartered in The Hague, Netherlands. This is a permanent court to prosecute individuals who commit crimes of genocide, crimes against humanity and war crimes. Israel is not a party to the Rome Statute, the treaty that established the ICC, and therefore does not recognize the court's authority. The US, an ally of Israel, and Russia once participated in the ICC but later withdrew.

Although Israel does not join the ICC, this court can investigate crimes committed in member territories, including the State of Palestine that has joined the Rome Statute since 2015. Therefore, the ICC has the authority to prosecute and issue arrest warrants for anyone involved in crimes in Gaza or the West Bank.

Legal experts believe that the ICC's decision to prosecute will be related to Israel's "food weaponization" policy that causes civilians in Gaza to live in hunger, as well as the kidnapping of Israeli hostages by Hamas during the exercise. click on October 7, 2023.

"These are the accusations that are most likely to lead to relevant senior leaders on both sides," said Adil Haque, a law professor at Rutgers University, New Jersey, USA.

Mr. Netanyahu stated that any arrest warrant from the ICC would not affect Israel's decisions. The Israeli leader affirmed that "will never accept efforts from the ICC to weaken the country's inherent right to self-defense".

Israel justifies its operation in Gaza as an act of self-defense. However, the country later faced increasing pressure from the international community, due to causing large casualties among civilians and pushing the region close to a humanitarian crisis. South Africa at the end of December 2023 filed a lawsuit against Israel at the International Court of Justice (ICJ), accusing Israel of committing "genocide" in the Gaza Strip, something Tel Aviv denies.

The ICJ, the highest judicial body of the United Nations, resolves legal complaints between countries over alleged violations of international law. The ruling of the ICJ, based in The Hague, is binding, but the agency has no means of ensuring its enforcement.

Experts believe that the decision to prosecute from the ICC will further weaken the legitimacy of Israel's campaign in Gaza, complicating relations between Tel Aviv and European allies who are members of the ICC. "This is an important moment for the ICC itself, Israel and its allies," said Hugh Lovatt, an expert on Israel-Palestine relations at the European Council on Foreign Relations.

Israeli Foreign Minister Israel Katz on April 28 noted that the country's embassies around the world need to immediately strengthen security and prepare to respond to a "serious wave of anti-Semitism" if the ICC issues an arrest warrant for its leaders. Israeli government and military.

Of the three Israeli leaders at risk of being targeted by the ICC, Prime Minister Netanyahu will face the most challenges, because he is facing accusations of corruption and failure to ensure national security.

"Israel's entire interpretation of the Gaza conflict is at risk of collapsing," said Alonso Gurmendi Dunkelberg, an international law expert at King's College London, UK. "When you go deeper into the debate, you will see Israel being sued at the ICJ for genocide, and then the ICC. Israel's interpretation is no longer solid."

According to Lovatt, the ICC's arrest warrant for the Israeli leader also puts Tel Aviv's allies in Europe in a difficult position. They will have to balance their relationship with Israel with their stance in favor of a rules-based world order.

If issued an arrest warrant by the ICC, Prime Minister Netanyahu could be banned from setting foot in the European Union, because all members of the bloc would theoretically have to comply with the court's order according to obligations under the Rome Statute.

"More than 120 ICC members are obliged to arrest the subjects of the arrest warrant if they set foot in the territory," according to Haque. "There is also an argument that any country, even if it is not a member of the ICC, can arrest people by order of the court.

" Expert Lovatt pointed out that EU countries have supported the ICC to issue an arrest warrant for Russian President Vladimir Putin on charges of illegally moving Ukrainian children, so they will have to do the same with Mr. Netanyahu.


"How can they object or criticize the decision to prosecute Israeli officials?", Lovatt asked. "If they protect Israel, they will only make other countries more certain that the West is applying double standards, thereby eroding the world legal order." Israel's close allies such as Britain, Germany, and France could refuse to carry out the arrest warrant, but this would seriously undermine the ICC's credibility, Dunkelberg added.

This is not something that has never happened. In 2009, the ICC indicted former Sudanese president Omar al-Bashir, but African countries refused to carry out the arrest warrant. Europe then also criticized Africa for not fulfilling its obligations under the Rome Statute.

"Some countries are willing to disregard their obligations to the ICC," Davis Bosco, professor at Indiana University, USA, told the Washington Post. "This is clearly a controversial issue whenever it comes up.

" The US, although no longer participating in the ICC, is tending to be more willing to coordinate with the court since Russia launched its campaign in Ukraine, according to Mark Ellis, executive director of the International Bar Association. "This supportive attitude could end if an arrest warrant for Mr. Netanyahu is announced. Of course, this is not a reason for the ICC not to issue an arrest warrant, but diplomatic relations will then be significantly adjusted." .