Israel Hamas War in Gaza | What is the International Criminal Court (ICC) and why can it issue arrest warrants against Benjamin Netanyahu and his ministers? | USA | the world

Israel warned of the possibility International Criminal Court (CBI) It issued arrest warrants against the country's top officials, including the prime minister, for alleged war crimes in Gaza Benjamin Netanyahu, said on Tuesday that it would be “a scandal on a historic scale” if it happened. Is that scenario possible in the face of a nation that has not signed the Rome Statute and, therefore, does not recognize the jurisdiction of that court?

“The ICC has no jurisdiction over the State of Israel. There is a possibility of issuing an arrest warrant War crimes “It is a scandal on a historical scale against the commanders of the armed forces and heads of state,” he said. Netanyahu In recorded text.

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Yes right Israel He did not sign Rome Statute to be considered a part of the ICC does not exempt him from liability for legal action by this Court. For reasons we will explain later.

According to an Israeli newspaper HaaretzIn addition Netanyahu ICC Prosecutor's Office Arrest warrants issued for Defense Minister Yoav Gallant; and Israel Defense Forces (IDF) Chief of General Staff Herzl Halevi. Lower level officers will not be affected.

Both Haaretz reported to the Ministry of Justice IsraelLike military lawyers, try to prevent Finance Karim Khan Countries allied to the Hebrew government will also act to issue arrest warrants America to the head.

The New York Times reported this The ICC is also seeking to indict Hamas leaders.

In February, the Forum for Disappeared Families and Hostages called on the ICC to prosecute Hamas leaders.

During a meeting with the President of Israel and US Secretary of State Anthony Blinken in Tel Aviv on Wednesday. Isaac Herzog said “Trying to use the International Criminal Court against Israel, which fights terrorism, represents a clear and immediate danger to democracies.” and independent and peace-loving nations that respect the rules of international law.

“I call on our allies and friends to oppose and reject such shenanigans,” he continued. “Israel has a very effective justice system He harassed the higher officials of this country like any other citizen. “We're proud of that,” he added.

from the past October 7when Israel declared war on Hamas The official death toll after the Islamist group killed more than 1,200 people in its territory Gaza 34,500, 75% of whom are women and children.

Besides, The UN had already accused Israel of war crimes in the Palestinian territories in March By depriving the public of food.

When companies want International Amnesty They have said that in many attacks Israel Bombed civilians “indiscriminately”.

The ICC has never issued an arrest warrant against Israeli officials.

Yes, it has done so in the midst of war Russia Y Ukraine. In March 2023, he issued an arrest warrant against the Russian president Vladimir Putin As a part of Investigation into possible war crimes He was allegedly involved in the kidnapping of Ukrainian children who were taken to Russia.

As a result of that order, Putin cannot travel to countries where he believes he could be arrestedLike 124 which is part of ICC.

In this note, We explain how the International Criminal Court works and why it can reach states that are not part of it.

What is International Criminal Court?

The International Criminal Court (CBI) It is the last resort to solve such serious international crimes GenocideLos War crimes And this Crimes against humanity. His book, Rome StatuteAdopted in July 1998. The court became operational in 2003 and succeeded ad hoc tribunals created in the 1990s to deal with atrocity crimes committed in the former Yugoslavia and Rwanda.

A total of 124 states belong to the ICC, all of which have ratified the Rome Statute.

Countries that have not signed the Rome Statute and do not accept the Court's jurisdiction include Israel, the United States, Russia and China.

As explained by the AP agency, the ICC gets involved when countries are unable or unwilling to prosecute the aforementioned crimes in their territory.

AP recalls the then US President in 2020 Donald Trump The ICC imposed financial sanctions and travel restrictions on the prosecutor and another official in the court's prosecutor's office. This is because the ICC was investigating US and allied intelligence agencies and officials for war crimes. AfghanistanA Member State of the Court.

Trump's successor, Joe Biden, lifted the sanctions in 2021.

The ICC is conducting 17 investigations, issued a total of 42 warrants and detained 21 suspects. Its judges convicted 10 of the accused and acquitted 4.

Apart from Africa, the ICC also has open investigations in Asia, Europe, the Middle East and Latin America.

Israel, the Palestinians and the ICC

Israel is not a member of the ICC. The leaders of these countries often criticize international organizations, accusing them of being biased against them.

State of Palestine Party to the Rome Statute of the ICC since 1 April 2015The State of Palestine therefore has jurisdiction to try crimes committed within its borders or by its nationals.

In 2021 the then ICC Advocate Fatou Bensouda Announced an investigation into possible Israeli war crimes in the Palestinian territories. Netanyahu He called the decision hypocritical and anti-Semitic.

The present Advocate General of the ICC, Karim KhanLast December he visited Ramallah and Israel, where he met with Palestinian officials and relatives of Israelis killed or captured by Islamists. Hamas During the October 7 attack, the AP recalled.

Khan noted that Hamas's actions were “some of the most serious international crimes that have shocked the conscience of humanity, for which the ICC was created,” and called for the immediate and unconditional release of all hostages.

Khan added that “international humanitarian law must still be applied” in the war between Israel and Hamas.

Can a country that is not a member of the ICC be taken to court?

Michael Reyes PaulSenior Advocate in the International Justice Division Human Rights Watchtalked with Trade The Court's powers and how it operates in cases involving a state that is not a signatory to the Rome Statute.

“The ICC's jurisdiction is exercised in two ways: by connection with territory, meaning that if a crime is committed on the territory of a state party, it does not matter who the perpetrator is; or by the nationality of the perpetrator, regardless of where the crime is committed,” it explains. Reyes.

“That is why there are cases at the ICC against citizens of non-party states. The most notable example at this time is the arrest warrant against Vladimir Putin, whose country is not a state party. But Ukraine has recognized the court's jurisdiction. There are arrest warrants against Russian citizens under investigation in Ukraine,” he added.

How is an arrest warrant executed? Michael Reyes Paul Indicates that an arrest warrant has been requested by Win's attorney International Criminal Court. The order must be approved by the ICC judges. Once ratified, all States Parties have an obligation to implement it.

“What happens if that order goes against a national of a state party who does not want to cooperate, we have to wait until that person is detained by another state party on one of their trips. For example, Putin's gaps are shrinking. At the end of last year he hosted the BRICS summit in South Africa, but he did not travel because this country is a state party and there was an obligation to arrest him and hand him over to the ICC in The Hague,” the lawyer recalled.

“The CBI The accused cannot be tried in absentia, he must be present. That's why collaboration is so important. “States should support the ICC in carrying out this initiative,” he asserted.

Other cases at the ICC

To whom is the first person CBI Successfully adjudicated Thomas Lubanga Dileo, former President of the Democratic Republic of the Congo. In March 2012, he was found guilty of war crimes and recruiting children under the age of 15.

The ICC has also indicted the Sudanese dictator Omar al-Bashir For genocide in the region Darfur. It was awarded by Sudan in August 2021.

Then, the ICC ordered the arrest of the Libyan president Muammar Gaddafi in 2011 on charges related to the suppression of anti-government protests in his country. The same year he was hanged by opposition militants.

In 2019, the former president of Ivory Coast Laurent Bagbo and youth leader Charles Play GowdeAfter the 2010 presidential election, they were acquitted of crimes against humanity before the ICC's trial began in January 2016.

In 2016, the former Congolese vice president and army chief Jean-Pierre Pemba and four accomplices were found guilty of crimes against the administration of justice under Article 70 of the Rome Statute. The prison sentence has already been served.

In 2015, Dominic Ongwen He became the first Ugandan Lord's Resistance Army (LRA) suspect to be transferred to the ICC after surrendering to US troops in the Central African Republic. Ongwen was charged with 70 counts of war crimes and crimes against humanity.

In November 2019, the Congolese army chief Bosco Nganda He was sentenced to 30 years in prison by the ICC for war crimes and crimes against humanity in Iduri, Democratic Republic of Congo.