Netanhayu is a War Criminal.

Image credit: Sasha Divekar
Will the ICC arrest warrant against Benjamin Netanyahu change the course of the war?

It has been over a year since Israel began its genocide against the Palestinians in the Gaza Strip, killing up to 44,000 individuals and counting. The nation, with American support and weaponry, continues to commit war crimes against the Palestinian community, violating numerous human rights accords. As the genocide continues, a small glimpse of hope for justice is presented as the International Criminal Court (ICC) issues its arrest warrant against the perpetrators involved.

On November 21, 2024, the Pre-Trial Chamber I of the ICC unanimously issued arrest warrants against Benjamin Netanyahu, Prime Minister of Israel, and Yoav Gallant, Minister of Defense of Israel. The arrests are based on the war crimes and humanitarian crimes committed between October 8, 2023, and May 20, 2024. 

The Chamber believes that Netanyahu and Gallant bear criminal responsibility for: 

1. Starvation of civilians as a method of warfare 

2. Willfully causing great suffering 

3. Intentionally directing attacks against a civilian population 

4. Extermination and/or murder

The ICC simultaneously charged Hamas leader Mohammad Deif for the October 7, 2023 attacks. However, he was presumably killed by the Israeli Defence Forces (IDF) in July.  

According to the International Human Rights lawyer Jonathan Kuttab, the countries in the ICC are legally obligated to enforce its arrest warrants, 124 countries — including many of Israel's European allies — have committed to implementing the arrest warrants against Netanyahu and Gallant. 

The French government has recently claimed that Benjamin Netanyahu has immunity from the arrest warrants as Israel is not an ICC member, these claims came after Netanyahu agreed to the French-backed ceasefire in Lebanon. France had initially decided to fulfill its obligations to the ICC if Netanyahu or Gallant visited the country. 

Milena Sterio, a professor from Cleveland State University College of Law, made a statement about the French government “softening its views” towards Israel, in order to maintain economic ties with the Israeli government and continue to be in a position to mediate between Israel and Lebanon

The political isolation of the Prime Minister of Israel in the international sphere could serve as the first step towards freedom and justice for the Palestinians.

Netanyahu's office claimed this decision as being “antisemitic” and labeled the ICC as a “biased and discriminatory political body.” The United States, Israel's prominent ally, “fundamentally rejects” the accusations and United States President Joe Biden has stated the arrest warrants are “outrageous.”

Some members of Congress have threatened a military assault on the Hague in response to the ICC ruling. Republican Senator Tom Cotton referenced a 2002 law approved by the US government, the Hague Invasion Act, that intended to intimidate the countries that ratify the treaty for the ICC — it authorizes the White House to send troops to the Hague, Netherlands, to use military force and liberate citizens of the United States or its allies, who face the court. 

Even though this arrest warrant limits Netanyahu's travels across the globe, it is improbable he will be brought to court any time soon. A prime example of this is President Vladimir Putin, who had arrest warrants issued against him in March 2023 and as of right now, has yet to be trialed. 

A study done by Oxfam found that more women and children were killed in Gaza by the IDF  in a single year than in any other recent conflict, including Russia's devastation of Ukraine. Here is where we can notice a great sense of hypocrisy in the acceptance of the arrest warrants — Republican Senator, Lindsey Graham stated that the ICC arrest warrants for Putin were “a great step in the right direction for the international community,” but when the arrest warrants were issued against Netanyahu, Graham called the ICC a “rouge and politically motivated organization.”

It is hard to determine whether this decision by the ICC will end the torment of the Palestinians. However, the arrest warrants have placed the Israeli government on the pedestal and the international community is no longer turning a blind eye towards the crimes the military and the state continue to commit in Gaza. Israel has also been put in a difficult position with its European allies with the ICC's ruling, potentially serving as a pressure factor for Israel to ceasefire in Gaza.

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Fashion major, current Art Director for Peacock!