Israel announces appeal of ICC warrants targeting Netanyahu and Gallant

Israel intends to challenge the International Criminal Court’s (ICC) arrest warrants issued for Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant. Last week, ICC judges issued warrants for these two individuals, as well as for Hamas military commander Mohammed Deif. The court stated it had reasonable grounds to believe that all three were criminally responsible for alleged war crimes and crimes against humanity committed in Gaza. The Israeli government, along with Mr. Netanyahu and Mr. Gallant, vehemently denied these allegations. On Wednesday, the prime minister’s office announced that it had notified the ICC of its “intention to appeal to the court along with a demand to delay implementation of the arrest warrants”. The office reaffirmed Israel’s rejection of the ICC’s authority and the validity of the warrants targeting Netanyahu and Gallant. Furthermore, Netanyahu’s office reported that US Senator Lindsey Graham had briefed the Prime Minister “on the efforts that he is advancing in the US Congress against the ICC and countries that have co-operated with it”. Last week, US President Joe Biden characterized the warrants as “outrageous.” He stated, “Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security.” Member states of the ICC, a group that does not include Israel or the US, are obligated to apprehend a wanted defendant if that individual is present within their territory. Several European Union nations have signaled their intention to uphold the ICC’s ruling, while others have refrained from disclosing their actions should Netanyahu enter their borders. The British government has stated that Mr. Netanyahu would be subject to arrest if he journeyed to the UK. France’s prime minister previously declared last week that the country would “rigorously” adhere to its international legal commitments. However, on Wednesday, the French foreign ministry asserted that the Israeli leader might possess immunity from arrest under the ICC warrant, given that Israel is not a member state of the ICC. A statement from the ministry explained, “Such immunities apply to Prime Minister Netanyahu and the other ministers concerned and will have to be taken into account should the ICC request of us their arrest and surrender.” This perspective was articulated the day following the announcement of a ceasefire agreement intended to conclude the conflict between Israel and the Iran-backed armed group Hezbollah in Lebanon. France and the US played key roles in brokering this agreement. Human rights organizations criticized France’s declaration, viewing it as a reaction to political pressure aimed at preserving positive relations with Israel. Andrew Stroehlein of Human Rights Watch commented, “No-one gets immunity from an ICC arrest warrant because they’re in office – not Netanyahu, not Putin, no-one.” In 2021, the ICC determined it held jurisdiction over the occupied West Bank, East Jerusalem, and Gaza, based on the UN Secretary-General’s acceptance of the Palestinians as a member. The ICC prosecutor’s legal action against Netanyahu, Gallant, and Deif originates from 7 October 2023, when Hamas militants launched an assault on Israel, resulting in approximately 1,200 deaths and the abduction of 251 individuals taken as hostages to Gaza. Israel retaliated by initiating a military operation aimed at eradicating Hamas, a campaign during which at least 44,000 people have died in Gaza, according to figures from the territory’s Hamas-controlled health ministry. The ICC judges indicated they found reasonable grounds to believe Netanyahu and Gallant were criminally responsible for: Netanyahu characterized the ICC’s decision as a “dark day in the history of humanity” and “an antisemitic step that has one goal – to deter me, to deter us from having our natural right to defend ourselves against enemies who try to destroy us”. Gallant stated that the warrants positioned “the State of Israel and the murderous leaders of Hamas in the same row and thus legitimises the murder of babies, the rape of women and the abduction of the elderly from their beds”. The ICC judges stated they found reasonable grounds to believe Deif was responsible for: Israel holds the belief that it killed Deif in an air strike in Gaza in July; however, the ICC prosecution indicated it could not confirm this. Hamas did not comment on the warrant issued for Deif but expressed approval for the warrants against Netanyahu and Gallant, describing the ICC’s decision as an “important historical precedent.” The ICC, which was established in 2002, is responsible for investigating, arresting, and prosecuting individuals accused of the most severe international offenses: genocide, war crimes, crimes against humanity, and the crime of aggression. The court comprises over 120 member states. Nevertheless, major global powers such as the US, China, Russia, and India are not members, as they have neither signed nor ratified its foundational treaty, the Rome Statute.