GS Paper - II

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant for “crimes against humanity and war crimes”. A warrant has also been issued against Hamas leader Ibrahim Al-Masri, better known as Mohammed Deif.

What is the ICC?

• The ICC, headquartered in The Hague, Netherlands, was established under a 1998 treaty called the “Rome Statute”.
• It “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.”
• At present, 124 countries are party to the Rome Statute, including Britain, Japan, Afghanistan, and Germany. India is not a member, nor are China and the US.
• The ICC was established to prosecute the most heinous offences only when a country’s own legal machinery was unable or unwilling to act.
• Unlike the International Court of Justice (ICJ), which deals with countries and inter-state disputes, the ICC prosecutes individuals.
• Additionally, the offences should be committed either in a country that ratified the agreement or by a national of a ratifying country.
• The ICC can also practise its jurisdiction over cases referred by the UN Security Council to it. Israel is not party to the Rome Statute, but Palestine is.

How did ICC get involved in this case?

• Back in 2018, Palestine had referred the situation in the country as a whole to the ICC.
• Then in November 2023, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti sent a further referral into the Palestine situation.
• In January 2024, “the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine,” the ICC said.

What have Netanyahu and Gallant been accused of?

• The two are accused of “war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”
• The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024.
• Further listing why it finds the two guilty of “murder, persecution, and other inhumane acts, the ICC said, “…by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment.”

What happens once ICC issues an arrest warrant?

• The ICC’s decisions are binding, but it depends on its members to ensure cooperation.
• Thus, if Netanyahu or Gallant were to travel to any of the 124 member states, its government would be obligated to arrest them and extradite them to The Hague.
• The ICC had earlier issued an arrest warrant for Russian President Vladimir Putin. It had then been pointed out that this would deepen his isolation from the West, as he would not be able to travel to a number of countries without risking arrest.
• In the case of Netanyahu more than Putin, several of his country’s allies, like Germany, France, and the United Kingdom, are members of the ICC.
• These countries have all so far backed Israel and it is very unlikely they will arrest Netanyahu if he does travel to their shores.
• Thus, the ICC warrant, more than anything, will serve as a moral victory for Palestine and deepen international pressure on Israel, as Netanyahu cannot travel to many friendly countries without embarrassing their governments.