Israeli Prime Minister Benjamin Netanyahu declared on Thursday that an arrest warrant issued against him by the International Criminal Court (ICC) regarding his actions during the Gaza war would not deter him. In a video statement, Netanyahu described the ICC’s decision as “outrageous” and “baseless.” He affirmed Israel’s commitment to defending its citizens and emphasized that the country would not bow to pressure from the ICC or any other international authority.
The ICC’s Pre-Trial Chamber announced the arrest warrants Thursday for Netanyahu and former defense minister Yoav Gallant, alleging they committed crimes against humanity in their military campaign against Hamas militants in the Gaza Strip last year. The ICC has found reasonable grounds to believe that the two men, as well as militant commander Mohammed Deif, used “starvation as a weapon of war” by restricting the flow of supplies into Gaza, which resulted in a devastating humanitarian crisis.
Netanyahu’s office criticized the ICC decision and labeled it anti-Semitic. The US criticized the decision, with Joe Biden calling it a “shameful stain of historic proportions.” Opposition leader Benny Gantz blasted the decision as “moral blindness,” Yair Lapid called it a “prize for terror.”
Human rights groups welcomed the move. The ICC’s issuing of warrants marks the first time that the court has issued an arrest warrant against a sitting leader of a major Western ally, and it could potentially limit their travel abroad. The warrants will also put governments that provide Israel with military support, including the United States — Israel’s top arms supplier — in a tricky position.
Yuval Shany, a legal scholar at Jerusalem’s Hebrew University and an expert on international law, says the arrest warrants will likely make it more difficult for Netanyahu to visit countries that are signatories of the ICC. That could include close allies like France, which has signaled it might arrest him if he visits.
The ICC can only investigate crimes committed by individuals and organizations that are court members. But, as La Croix reports, many of the 124 member states that have signed up to the court are obliged to act on its decisions, including arrest warrants, if they have reasonable grounds.
While the ICC’s action may not lead to an immediate end to the conflict, these arrest warrants will strengthen calls for the suspension of arms sales to Israel from countries that haven’t signed up. Moreover, they will pressure those significant suppliers that are signatories of the ICC, such as Germany, to follow suit. But, even if Israel’s top suppliers do end their supply chain to the country, the war in Gaza is likely to continue. That is because there is no conceivable way to bring about peace between Israel and Hamas without a political settlement that both sides can accept. Ultimately, international law can only work as a tool to exert pressure on governments and individuals and can’t function independently.
