Reports of arrest warrants issued by the International Criminal Court for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant made headlines in international media within minutes, especially in Europe. Almost all of them displayed a picture of Netanyahu, under a headline stating that the International Criminal Court had issued an arrest warrant for the Israeli prime minister. Some were accurate enough to report that an arrest warrant had been issued for Hamas leader Mohammed Deif, who was declared dead by Israel, although there is no certainty about this.
The ICC’s decision greatly strengthens those who claim that Israel is committing war crimes in the Gaza Strip and who are calling for the severing of diplomatic relations with it, the suspension of arms sales to it, and a boycott of the country. The ICC, which has in the past issued arrest warrants for Russian President Vladimir Putin, former Sudanese President Omar al-Bashir and other African leaders, is in effect giving an official stamp on this allegation, at the highest level. The reservation that it was a matter of “reasonable grounds” for suspicions has evaporated.
Several European countries, including Britain and Germany, had announced in the past that they would respect the ruling of judges in the Pre-Trial Chamber if they issued arrest warrants. The Netherlands and France announced today that they will do so as well. The result is that Netanyahu and Gallant will not receive immunity from arrest from these countries if they visit them. This is the first time that the leaders of a democratic country have faced arrest warrants from the court, which includes 123 member states.
The decision is likely to have several immediate repercussions. The first is that the possibilities for Israeli politicians to travel to countries that are signatories to the Rome Statute that established the International Criminal Court will be limited. 123 countries are signatories to the statute. The United States and Israel are not among them, but the countries present could prevent the two men from flying through their airspace. Germany, which criticized the petition for arrest warrants, saying the court had no jurisdiction because Israel had not signed the Rome Statute, has made clear in the past that it will respect the court’s decisions.
A far-reaching consequence may be difficulties in exporting weapons to Israel, due to the fear (now given high-level legal approval) that they will be used to commit war crimes.
Germany, which supplies Israel with 30% of military equipment, is one of the few countries that have not yet imposed an arms embargo on Israel. According to reports in the German press, Israel has given Germany a written commitment not to use German weapons in activities that violate international law, but today’s ICC ruling will likely weaken the German government’s case, if it is pro-Palestinian. The organizations are petitioning the court over the matter, as they have done in the past.
In Britain, where there is an ongoing legal campaign against arms exports to Israel, the decision would strengthen those petitioning against the government’s decision to withhold only a few dozen export licenses and, among other things, continue to allow exports. F-35 aircraft spare parts. The current government has changed direction significantly compared to the previous Conservative government, and has withdrawn British opposition to the issue of arrest warrants. Prime Minister Keir Starmer, who has in the past participated in hearings in war crimes cases relating to the former Yugoslavia, said the international law applied by the court was the most important principle for Britain.
Other European countries, such as Hungary, have said in the past that they would consider withdrawing from the ICC if it issued arrest warrants against senior Israeli officials. Hungary even announced in May that it would not enforce arrest warrants if Netanyahu or Gallant visited the country. Hungarian Prime Minister Viktor Orbán said that although Hungary was a signatory to the Rome Statute, it had not ratified the terms of the statute as part of its constitution. About two hours after the court’s announcement, no official reactions have yet been issued in most European capitals.
Published by Globes, Israel Business News – en.globes.co.il – on November 21, 2024.
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