International Criminal Court & Israel

Photo of the International Criminal Court (ICC) taken in 2018 in Den Haag. A multistorey glass building with plants growing from the balconies with the blue ICC logo in the foreground.
Justflix | CC BY-SA 4.0

➡️ Israel’s Relationship with the International Criminal Court (ICC)

The ICC was originally founded in 2002, as the world's first permanent international court its purpose is to investigate and prosecute the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.

Israel initially supported the idea, however never ratified the treaty. After decades of conflict with Palestine and multiple accusations of war crimes, Israel undoubtedly has a turbulent relationship with the ICC.

Israel does not acknowledge the jurisdiction of the ICC, and disputes its recognition of Palestine as a sovereign state. On May 20, 2024, the ICC submitted a bid for the arrest warrants of Prime Minister Benjamin Netanyahu, his defence minister Gallant, and three Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif.

These warrants are on the grounds of alleged war crimes and crimes against humanity in the current Hamas-Israel War which began in October 2023.

Benjamin Netanyahu, Prime Minister of Israel during the WEF conference in Davos in 2018. He wears a black suit and red tie infront of a blue background looking away from the camera
Flickr | World Economic Forum

Netanyahu has labelled these allegations as “antisemitic” and “an attempt to deny Israel the basic right of self-defence.” German, British, and U.S. governments have all rushed to defend the Israeli PM and disapprove of the ICC’s decision.

At this stage the arrest warrants are still pending approval by the court's judges, they also do not include any accusations of genocide. In response to the warrants against Netanyahu and Gallant, the U.S. House of Representatives has made steps to sanction the ICC. The sanctions are unlikely to pass through the Senate, but the message of support for Israel is loud and clear. The U.S. is also not a member of the ICC as it views the court as a threat to U.S. interests.

Palestine on the other hand became a member of the ICC in 2015. Since then, they have been submitting evidence of alleged war crimes by the Israeli army. The court has previously recognised the evidence and a need to address the situation, but this is the first time they have taken any formal action.

The ICC is an intergovernmental organisation and international tribunal founded on the Rome Statute and seated in The Hague, Netherlands. The ICC operates separately from the International Court of Justice (ICJ) which is a judicial organ of the United Nations and hears disputes between states.

People gather at a pro-Palestine protest. There are Palestinian flags in the background and someone holds a cardboard sign which reads 'All eyes on Rafah'
Flickr | Pamela Drew

Independent of the the ICC, in May 2024, South Africa's Genocide Case Against Israel via the ICJ ruled that Israel must halt any military offensive in Rafah and provide "unhindered provision at scale" of basic services and aid into Gaza. Israel responded by rejecting the court's ruling and maintain that their military operations fall in line with international law.

For Netanyahu, confrontation with both the ICC and ICJ serves to affirm his conviction that the world is working to harm Israel. However, even if both courts are incapable of ending the war, their rulings play an important role in accumulating pressure – with the potential to grow great enough to force Israel into accepting a ceasefire and allowing the citizens of Israel and Palestine to live without fear of death, destruction, and hunger.

Arrest Warrants Are Approved - November 2024

In November, the pending warrants were finally approved by the court based on the reasonable grounds that Gallant and Netanyahu have intentionally deprived the population of Gaza of goods which are essential to their survival.

This move has been hailed a success by pro-Palestine supporters and voices for peace, but we must remember that the warrants do not guarantee that the men will be tried at The Hague, they are in no immediate danger of arrest, and that this is just the first step towards justice. Frustratingly, the case cannot begin unless the defendants are physically present, a situation which is unlikely to happen.

The warrants however do make life more complicated for Gallant and Netanyahu as travel will become complicated to any of the 124 countries who are state parties of the ICC. In these countries the ICC are obligated to arrest and hand over the accused.

The warrants act as a warning that the rule of law must be upheld and provide hope that justice will be realised.

Author: Edited by Rachael Mellor 06.06.24 (Updated 25.11.24) licensed under CC BY-ND 4.0.

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