What ICC warrant for Netanyahu means, and could Israeli prime minister be arrested

Contents

ICC arrest warrant for Netanyahu: What the court decided

Reactions to the arrest warrant for Netanyahu

What the ICC warrant means and will Netanyahu be arrested?

ICC arrest warrant for Netanyahu: What the court decided

Today, a panel of three judges from the Pre-Trial Chamber I of the International Criminal Court (ICC) unanimously approved issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The warrants are linked to allegations of crimes against humanity and war crimes, which, according to ICC Prosecutor Karim Khan, occurred during the war against Hamas terrorists in the Gaza Strip since 2023.

Notably, this decision marks the first time an international court has issued an arrest warrant for the leader of a democratic country.

"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," the decision states.

Photo: An arrest warrant has also been issued for former Defense Minister Yoav Gallant (Getty Images)

In September, the Israeli Ministry of Foreign Affairs attempted to challenge the jurisdiction of the International Criminal Court (ICC), claiming that the court did not allow Israel the opportunity to independently investigate the accusations before demanding arrest warrants. Israel argues that no other democracy has faced such biased treatment.

Additionally, the ICC issued arrest warrants for three Hamas leaders — Yahya Sinwar, Mohammad Deif, and Ismail Haniyeh. They were accused of crimes related to the attacks on October 7, 2023, when terrorists killed approximately 1,200 people and abducted another 250 in southern Israel. All three are charged with murders, hostage-taking, rape, and torture.

As for the leaders, Haniyeh is reported to have died in a suspected Israeli strike on Iran, while his successor, Sinwar, was allegedly killed in a clash with an IDF patrol in the Gaza Strip. Israel also claims to have eliminated Deif, though Hamas has not confirmed his death.

Israel firmly rejects the allegations of war crimes, pointing out that Hamas hides behind Palestinian civilians in homes, hospitals, schools, and mosques. The Gaza Health Ministry, controlled by Hamas, reports more than 42,000 dead (without distinguishing between civilians and militants), though this figure cannot be independently verified. Israel claims that around 18,000 militants have been killed in Gaza and another 1,000 on Israeli territory. According to Israeli statements, the army is trying to minimize civilian casualties.

Reactions to the arrest warrant for Netanyahu

Benjamin Netanyahu condemned the arrest warrant, stating that Israel "utterly rejects the false and absurd charges."

"There is nothing more just than the war that Israel has been waging in Gaza... The PM will not succumb to pressure, will not be deterred, and will not retreat until all the war objectives set by Israel at the start of the campaign are achieved," his office stated.

Israeli President Isaac Herzog emphasized that the justice system had been turned into a human shield for Hamas's crimes. According to him, the ICC’s decision "side of terrorism and evil over democracy and freedom." National Security Minister Itamar Ben-Gvir (a far-right politician and proponent of a hardline approach) suggested that Israel should annex the occupied West Bank in response to the court's decision.

Many in Israel still view the war in Gaza as just. Even Netanyahu's opponents largely criticize his government for failing to quickly return hostages. There is significantly less criticism regarding the methods of warfare.

Opposition leaders also condemned the ICC’s actions. Benny Gantz, a former general and political rival of Netanyahu, called the decision a demonstration of "moral blindness" and a "shameful stain of historic proportion that will never be forgotten." Another opposition leader, Yair Lapid, described it as a "prize for terror."

Back in May, US President Joe Biden criticized the ICC prosecutor's request for an arrest warrant for Netanyahu and expressed support for Israel's right to defend itself against terrorists. This week, future Senate Majority Leader, Republican John Thune, threatened to impose sanctions on the court if it issued the warrants.

Photo: The administration of Joe Biden stated that it fundamentally rejects the ICC's decision (Getty Images)

Today, Republican Senator Lindsey Graham, a close ally of elected President Donald Trump, called the decision "a dangerous joke." "It is now time for the US Senate to act and sanction this irresponsible body," he added.

White House National Security Council spokesperson John Kirby, in a statement to the press, noted that the United States fundamentally rejects the ICC's decision. The statement expressed concern over the prosecutor's rush in issuing the arrest warrant for Netanyahu and procedural errors. It also "makes it clear" that the court does not have jurisdiction in this matter.

European Union foreign policy chief Josep Borrell does not consider the ICC warrants to be political. "The court's decision must be respected and implemented. It is binding on all member states of the court, including all EU countries," he emphasized.

Dutch Foreign Minister Kasper Veldkamp assured that his country is ready to act on the warrants if necessary. French Ministry of Foreign Affairs spokesperson Christophe LeMouan stated that France's response to the warrants will follow the ICC's statute. However, he declined to clarify whether Netanyahu would be arrested if he visited the country. "This is a complex legal issue," he said.

In a statement, the UK government expressed respect for the independence of the International Criminal Court. When asked whether Netanyahu would be arrested if he visited, a representative for Prime Minister Keir Starmer responded that they "do not intend to engage in hypothetical speculation."

What the ICC warrant means and will Netanyahu be arrested?

The story with the warrants has been ongoing for over a year, and the verdict was not a surprise. Initially, it seemed that the institutions were trying to take a balanced approach, but the fact that Netanyahu and Hamas leaders ended up on the same list — that is, a legitimate leader of a democratic state and commanders of terrorist organizations — indicates a trend toward the organized delegitimization of Israel, according to political scientist and Bar-Ilan University professor Zeev Khanin.

In his opinion, there are no legal grounds for such actions. No serious international law expert would be willing to endorse such statements.

"All these structures, including the UN, which were created to prevent crimes against humanity... In practice, the tone is set by dictatorial regimes. This is a political maneuver to support terrorists and weaken the status of the state of Israel. To impose sanctions against the political and military leadership, specifically against the Prime Minister and the dismissed Galant," he said in a comment to RBC-Ukraine.

The ICC is the court of last resort, which only hears cases when national law enforcement agencies cannot or do not want to conduct investigations. Despite the warrants, none of the suspects are likely to appear in The Hague anytime soon. The court itself does not have police to execute the warrants. Instead, it relies on 124 member states, including most European countries, and their law enforcement systems.

Photo: Benjamin Netanyahu is unlikely to face arrest under the ICC warrant (Getty Images)

Israel and the United States do not accept the jurisdiction of the ICC. However, the threat of arrest could theoretically complicate Netanyahu's movements around the world. Since ICC member states are required to arrest a suspect if they step onto their territory while a warrant is in place, Netanyahu could face detention in those countries. However a recent case involving war criminal Vladimir Putin, who visited Mongolia (which recognizes the ICC's jurisdiction) without obstruction, undermined the principle of mandatory arrest.

Zeev Khanin does not see a threat to Netanyahu's international isolation. According to him, even despite Josep Borrell's statement, Israel has long been engaging not with the Brussels bureaucracy but with specific European partners, such as the UK, Germany, etc.

"To date, there is no reason to believe that these serious actors, who set the tone for the international agenda, will adhere to such an absurd decision," he noted.

On the other hand, the warrant could influence the decisions of some countries, which may interpret the ICC's decision more broadly and ban Israeli citizens from entering. This could potentially put IDF reservists and others in a vulnerable position. The threat of sanctions could also have negative consequences for business, investments, and the economy in general.

However, Khanin is skeptical about the threat of international sanctions.

"Countries that support Israel will continue to support it. And attempts to impose sanctions fail every time. In general, the international sanctions system is ineffective. Even regarding Russia and Iran, as we can see, and even more so regarding Israel... It's not comparable. The other issue is that it creates an unpleasant precedent," the political scientist explained.

This situation may not harm Netanyahu and Galant as much as it could affect, for example, soldiers of the Israel Defense Forces. As we know, after the attack on October 7, 2023, many returned from other countries and were mobilized, so there is a small likelihood that they might be banned from entering.

"This could be an unpleasant moment. And then we’ll have to figure it out. I understand that the government hasn't really had the time (to address the ICC case). But they also need to understand that information warfare is just as relevant as on the battlefield. And now, what can I say, they’ve lost control of the process," concluded the interviewee.

Sources: materials from the International Criminal Court's ruling, The Times of Israel, Haaretz, The New York Times, AP, and comments by political scientist, Bar-Ilan University professor Zeev Khanin.