- B. Netanyahu to appeal against arrest warrant issued against him
- Warrant issued for war crimes
- EU member Hungary B. Netanyahu will not betray
- Major powers critical of ICC decision
- Only some countries comply with the ICC treaty: others can ignore the verdicts
B. Netanyahu to appeal against arrest warrant issued against him
The International Criminal Court (ICC) last week issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. An arrest warrant was also issued for Hamas military leader Mohammed Deif. This ICC decision has angered Israel and some of its partners, and B. Netanyahu has begun to speak of anti-Semitism.
Following the uproar, Israel informed the ICC on Wednesday that it would appeal the decision to issue arrest warrants against its politicians. Israel also asked the court to suspend the arrest warrants for Netanyahu and Gallant pending the hearing[1].
"The State of Israel challenges the jurisdiction of the ICC and the legality of the arrest warrants issued. If the court rejects this request, it will demonstrate to Israel's friends in the United States and around the world how biased the ICC is towards the State of Israel," Netanyahu's office said.
Court spokesman Fadi El Abdallah told reporters that if there are any requests for an appeal, the judges will decide. Under the court's rules, the United Nations (UN) Security Council can adopt a resolution suspending or deferring an investigation or prosecution for one year, renewable annually.
However, representatives of some countries worldwide have already stated that the ICC decision will be ignored. B. Netanyahu will not detain him. This has attracted the attention of some experts, who highlighted the ICC's ineffectiveness and the lack of real leverage to force countries to comply with the court's decisions. In addition, some of the world's states, even the most powerful ones, do not have to obey the ICC's verdicts.
Warrant issued for war crimes
Last week, the ICC issued arrest warrants for the Israeli Prime Minister, a former Israeli defense minister, and representatives of the terrorist organization Hamas. They are charged with war crimes and crimes against humanity.
The judges in The Hague approved the request made by Chief Prosecutor Karim Khan in May. Mr Netanyahu and Galant are accused of responsibility for starving civilians as a method of warfare, as well as arbitrary killings and targeted attacks on civilians.
The prosecutor accuses the Hamas leadership of "extermination," as well as murder, hostage-taking, rape, and torture - crimes against humanity.
Both Israel and Hamas have consistently rejected the accusations. Netanyahu and other senior Israeli politicians denounced the court move as anti-Semitic as recently as May. US President Joe Biden has also criticized Prosecutor Khan, stressing Israel's right to defend itself against Hamas.
EU member Hungary B. Netanyahu will not betray
Josep Borrell, a top European Union (EU) diplomat, said that all EU countries must execute arrest warrants issued by the ICC, but Hungarian Prime Minister Viktor Orban has already refused to do so. The Hungarian Prime Minister said he would invite his Israeli counterpart to come to Hungary and ignore the ICC arrest warrant.
"Later today, I will invite the Israeli Prime Minister, Netanyahu, to visit Hungary, and I will guarantee if he comes, that the decision of the International Criminal Court will have no effect in Hungary and that we will not comply with its terms," Orban said.
V. Orban called the ICC's decision "outrageously insolent and cynical" and said it was "interference in an ongoing conflict (...) under the guise of a legal solution, but in reality for political purposes".
Hungary signed the Rome Statute in 1999, the international treaty that created the ICC, and ratified it two years later during Orban's first term in office. However, Budapest has not promulgated the relevant convention and, therefore, claims that the decisions of the ICC do not bind it. Hungary has previously stated that it will not arrest Russian President Vladimir Putin, who is also wanted by the ICC on war crime charges for the illegal deportation of Ukrainian children.
Major powers critical of ICC decision
French Foreign Minister Jean-Noel Barrot recently stated that certain leaders could enjoy immunity from the ICC under the Rome Statute, which established the institution. Asked whether France would detain Netanyahu if he came to France, he said that France "is committed to international justice and will apply the rules of international law", but added that the court's statute "provides for immunity issues for certain leaders".
The German government has also not yet decided what it will do with the arrest warrant issued by the ICC. Government spokesman Steffen Hebestreit said on Friday that the government was "carefully considering the country's actions" following the court's decision and that the decision would be taken in case Israeli politicians were indeed planning to come to Germany. Hebestreit said Germany is one of the ICC's biggest supporters but stressed that the country has a "special relationship with Israel and a great responsibility towards it."
For his part, Argentine leader Javier Milei said that the decision to issue arrest warrants for the Israeli Prime Minister "disregards" the country's right to self-defense. He said that "Israel is facing brutal aggression, inhuman hostage-taking and indiscriminate attacks against its own population" and that "criminalizing the legitimate defense of a nation while ignoring these atrocities is an act that distorts the spirit of international justice."
However, some European countries would obey the ICC's order and detain the Israeli Prime Minister and the former Minister of Defence. Ireland has stated that if Israeli Prime Minister B. The police would detain Netanyahu. Similarly, Dutch officials have stated that they will arrest the Israeli Prime Minister if he enters Dutch territory.
Only some countries comply with the ICC treaty: others can ignore the verdicts
There are currently 125 States Parties to the Rome Statute. Ukraine has become the 125th, and the Rome Statute will enter into force on 1 January next year. Neither Israel nor its most important ally, the US, are parties to the ICC Treaty[2].
The ICC does not have its own police force to enforce arrest warrants and is therefore dependent on the cooperation of its member states. They are theoretically obliged to detain wanted persons once they enter their territory. The ICC does not recognize the immunity of heads of state or government.
The ICC is a permanent international tribunal established to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, and crimes against humanity. It operates independently of the United Nations (UN), but in close cooperation with it.
The ICC's functions include prosecuting crimes and investigating those responsible for genocide, war crimes, crimes against humanity, and aggression. It intervenes only when national courts are unwilling or unable to prosecute alleged perpetrators.
The ICC seeks to end impunity for perpetrators of serious crimes that threaten peace and security, allows victims to be heard and to seek reparation by holding them accountable, and aims to deter future atrocities.
The countries that have ratified the Rome Statute include most European countries and some countries in Latin America, Africa, Asia and the Pacific. In total, 33 African countries, 19 countries in Asia and the Pacific, 19 countries in Eastern Europe, 25 countries in the rest of Europe, etc. and 28 countries in Latin America and the Caribbean.
Some important, powerful and influential countries in the world, however, have never ratified the Rome Statute. One of the most important of these countries is the United States: it signed the Rome Statute but did not ratify it, citing concerns about sovereignty and the possible persecution of US military personnel. Russia signed the document in 2000, but formally withdrew in 2016 and refused to participate in the ICC system. We recall that the ICC issued an arrest warrant for Russian President Putin in 2023, but Russia ignored this warrant.
China has also not signed the treaty and has never ratified it, and the country says the ICC could be used for political purposes. India has also not signed or ratified the statute, citing concerns over sovereignty and the lack of clear definitions in the Rome Statute. Israel signed the document in 2000 but has not ratified it, claiming that the ICC is politically biased.
The ICC receives several negative assessments. Critics, particularly from African countries, claim that the ICC focuses disproportionately on African leaders. Moreover, experts point out that the ICC has very little real power and relies only on Member States to execute its arrest warrants. In addition, some states see the ICC as a political tool to be used by powerful states.
Countries not accepting the ICC's jurisdiction may ignore its decisions, including arrest warrants. For example, the Russian president may be safe in countries that do not recognize the ICC but risk traveling to countries that are party to the Rome Statute.
However, the Court has also achieved significant successes. For example, it has convicted figures such as Thomas Lubanga, who was accused of recruiting child soldiers in the Democratic Republic of Congo, and Jean-Pierre Bemba, who was charged with crimes in the Central African Republic.
