ICC and the warrant against Netanyahu
- Saharsh Bharadwaj
- Jun 23, 2024
- 2 min read
The International Criminal Court was established through the Rome Statute of 1998 to prosecute individuals, and not States, for grave crimes against the international community at large. Its ambit extends over four domains. These are genocide, crimes against humanity, war crimes, and crimes of aggression. When the case moves to trial, a bench of three judges will hear the case and deliver a judgment. To issue a warrant for arrest, a pre-trial panel is assembled to assess evidence and decide the further course of action.
It was formed keeping in mind the Yugoslav wars and the Rwandan Genocide, post which the world felt that ad-hoc tribunals were inefficient and a permanent court prosecuting individuals was the need of the hour. The prosecution works on a co-operative basis, where the States that have signed the Rome Statute are obliged to cooperate with the ICC with reference to extradition and other topics. The police forces of the cooperating States can be used to carry out arrests and transfer the arrested to the ICC.
The ICC is also an independent statutory body. While it has ties with the United Nations, it operates independent of the United Nations. The funding is secured by contributions from signatories of the Rome Statute. 124 States have signed and ratified the statute, whereas some States have voiced their concerns and refrained from doing so. States that do not come under the jurisdiction include USA, Israel, China, India, Pakistan, Egypt, Iran, Russia etc. While Palestine is not a recognized State, it has accepted the jurisdiction of the Rome Statute.
The ICC has recently issued warrants for the arrest of Israeli Prime Minister Netanyuhu and Israeli Defense Minister Gallant accusing them of committing various offenses since October 7th. The main accusation being leveled against them is that of committing the crime of Starvation, stating that they have forcefully deprived the Gazans of food.
They have also issued warrants for the arrest of three Hamas leaders namely Sinwar, Ibrahim al-Masri, and Haniyeh for crimes committed in both Israel and Gaza.
The question of whether ICC jurisdiction extends to Hamas is one of nuance. The Palestinian Authority has accepted the jurisdiction of the Rome Statute, yet the influence of the Palestinian Authority does not extend to the Gaza Strip, where most of Hamas is based.
Netanyahu has condemned the warrant stating that the simultaneous issuing of the warrant implies a comparison between “democratic Israel” and “mass-murderers” Hamas. Hamas has stated that it has the right to prevent Israeli expansionism through any means possible including “armed resistance”.
This warrant has come at a key point in the Israel-Hamas conflict, with Israel continuing its expansion into Rafah, which is the southern point of the Gaza Strip. The warrant could also negatively impact the genocide case against Israel in the ICJ.
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