International Criminal Court Warrants Elicit Diverse Responses and Impact Israel’s Standing

The International Criminal Court’s (ICC) issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant has provoked a strong backlash from various segments of Israel’s political landscape. Conversely, this development has been met with approval by Hamas, Palestinian Islamic Jihad, and civilians in Gaza. Israeli President Isaac Herzog characterized the event as “a dark day for justice and humanity,” asserting that the ruling had “chosen the side of terror and evil over democracy and freedom.” Prime Minister Netanyahu’s office described the decision as “an antisemitic decision,” stating that Israel “utterly rejects the false and absurd charges” and branding the ICC as “a biased and discriminatory political body.” Yuli Edelstein, chairman of the Knesset Foreign Affairs and Defence Committee, referred to it as “a shameful decision by a political body held captive by Islamist interests.” Israel’s foreign minister declared that the ICC had forfeited its legitimacy. Hamas expressed approval of the decision, refraining from comment on the warrant issued for its military commander, Mohammed Deif. In an official statement, Hamas declared: “We call on all countries around the world to cooperate with the court in bringing the Zionist war criminals, Netanyahu and Gallant and to work immediately to stop the crimes of genocide against defenceless civilians in the Gaza Strip.” The announcement has also been met with approval by regular Palestinians in Gaza. Muhammad Ali, a 40-year-old man displaced from Gaza City and now residing in the central region of Deir al-Balah, stated: “We have been terrorised, starved, had our homes destroyed, and lost our children, sons, and loved ones. We welcome this decision, and of course, we hope that the decisions of the ICC will be implemented.” Munira Al-Shami, whose sister Wafa was killed by Israeli forces last month, described the ICC’s decision as “justice for tens of thousands of victims, including my sister Wafa.” Conversely, some Israeli citizens asserted that the potential arrests infringed upon Israel’s right to self-defense. Ron Ackerman remarked, “Somehow I’m not surprised,” further suggesting that he believes the ICC “is purely antisemitic and it doesn’t see what’s going on around Israel, only they look at Israel.” Helen Kariv, a resident of Jerusalem, commented: “When I first heard it I said, ‘my God, where did they get the idea of arresting the prime minister of the state of Israel and his chief of staff’?… We are fighting for survival.” The ICC counts 124 nations as signatories, among them the UK, but notably excluding the US, Russia, China, and Israel itself. Consequently, this implies that, in principle, if either Netanyahu or Gallant enters any signatory nation, they are subject to arrest and transfer to the court. However, international legal experts have voiced skepticism regarding the likelihood of either individual ever being brought to The Hague for a trial. Netanyahu’s most recent international travel occurred in July to the US, a nation he could still, in theory, visit without fear of arrest. Last year, he traveled to multiple countries, including the UK in March, many of which are ICC signatories. It is considered improbable that he would choose to risk arrest by repeating such visits, and the nations involved would likely be disinclined to face such a predicament. Hamas faces minimal concern from the ICC warrant issued for Ibrahim Al-Masri, also known as Mohammed Deif. Israel holds the belief that he was killed earlier this year, though Hamas has never corroborated this. The two other Hamas figures whom the ICC initially intended to prosecute—Yahya Sinwar and Ismail Haniyeh—have both been confirmed deceased. Undoubtedly, Thursday’s announcement represents a significant setback for Israel’s global reputation, for the two individuals identified, and particularly for Israel’s continued attempts to portray its military operation in Gaza as a conflict between good and evil. Israelis are dismayed that, from their perspective, the world appears to have either forgotten or disregarded the atrocities perpetrated by Hamas on October 7 last year. Palestinians, particularly those in Gaza, feel their claims of Israeli war crimes have been affirmed by a respected international institution.