The International Criminal Court’s Prosecutor has filed arrest warrants against Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for their roles in the war in Gaza, alleging they bear “criminal responsibility for seeking to exterminate its civilian population by employing measures such as withholding food and water as weapons of warfare”. Now it will be up to ICC judges to decide whether these allegations meet the threshold required to initiate formal proceedings (this process could take weeks or months).
If the application is approved, any of the 124 International Criminal Court member states would be obliged to arrest Netanyahu and Gallant for war crimes committed during their time in power – unlike their political and moral challenges at home. Such arrest would also strengthen those advocating and supporting cessation of military aid to Israel both politically and legally.
In its statement, the prosecutor made clear it would investigate an array of war crimes and atrocities perpetrated since Hamas’ deadly attack against Israel on October 7. Khan said there were reasonable grounds to believe Israel committed numerous other violations involving excessive and disproportionate use of force, sexual violence against children as well as violations related to sexual slavery.
The ICC prosecutor says Netanyahu and Gallant are criminally responsible for seeking to exterminate the people of Gaza, including by cutting off food and water.
— Jonathan Cook (@Jonathan_K_Cook) May 20, 2024
Time then to arrest western leaders like Biden and Sunak who've actively helped Israel carry out these crimes against… pic.twitter.com/qWIElbqgcM
Bringing such charges against those who govern runs counter to tradition; instead, war crimes are typically prosecuted through their respective state’s judicial system; should this prove ineffective, United Nations Security Council members can refer the issue directly to ICC by voting 9 affirmative votes without any veto from either side.
Israel has taken measures to oppose an application for arrest warrants, accusing the prosecutor of politicizing and defaming leaders involved. Far-right Finance Minister Bezalel Smotrich likened this decision to Nazi propaganda while opposition leader Yair Lapid called it a “disaster”.
But Israeli officials’ claims of national sovereignty and their need to defend “one of the most just wars in modern history” is untenable; indeed, this move by ICC prosecutor to investigate perceived bias may help restore credibility within international tribunals that had become compromised due to allegations of partiality and bias against it.
Now is the time for Western leaders like Biden and Sunak to step forward, make public commitments to support the International Criminal Court (ICC) and arrest those involved in Israel’s crimes against the Palestinian people. Otherwise, an application by ICC prosecutor for arrest warrants will only serve to end this court’s work at The Hague – something which would be tragic for victims, their families, and all who believe in legality.
⚡BREAKING NEWS:
— UnCover (@uncoovr) May 20, 2024
Julian Assange has won the right to a full appeal🔥
“This is a victory. Freedom of expression, press freedom – will get consideration by these courts” 🔥
#FreeAssange #Assange pic.twitter.com/tyYmuCXMpo
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