The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Binyamin Netanyahu and former Israeli defence minister Yoav Gallant over war crimes in Gaza.
The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Binyamin Netanyahu and former Israeli defence minister Yoav Gallant over war crimes in Gaza. But what does this mean for the Israeli prime minister and the former defence minister?
Can Netanyahu & Gallant Go Abroad?
Countries that are part of the Rome Statute, which created the ICC, are required to cooperate with the court. As a result, it would be wise for the two Israelis to be cautious about their travel plans. Adopted in 1998, the Rome Statute is a treaty that came into force in 2002 and created the ICC to prosecute individuals for such crimes as genocide, war crimes, crimes against humanity and aggression. It seeks to ensure justice for victims and end impunity for serious international crimes.
Some of the 124 signatory states may show varying levels of willingness to carry out an arrest. Dutch foreign minister Caspar Veldkamp has stated that, if Netanyahu were to enter the Netherlands, he would be arrested, emphasising, “We follow through on arrest warrants without exception.”
The UK government, being a key member of the court, could face a challenging situation if Netanyahu expressed the desire for a visit. The prime minister’s spokesperson stated on Thursday (November 21) that their stance remains the same as when attorney-general Richard Hermer said last month that the government would follow its legal duties under the ICC.
But Netanyahu’s future visits to the US and Russia would not be impacted since neither country is a member of the ICC.
How Did the ICC Come into Existence?
The court, located in The Hague, Netherlands, was established through the Rome Statute in 1998, which took effect four years later. The court operates independently from the United Nations and is funded by the 124 countries that have signed the Rome Statute. The UK and most EU countries have signed the Rome Statute, but the US, Russia and Israel have not. However, in 2015, the Palestinian territories were recognized as a ‘member-state’ by the court.
Which People Serve as Judges in the ICC?
The court is headed by its president, Tomoko Akane from Japan, aided by first vice-president Rosario Salvatore Aitala (Italy) and second vice-president Reine Alapini-Gansou (Benin). The British judge, Joanna Korner, is 73 years old and has previously worked as a lawyer for the court.
She was also instrumental in prosecuting cases at the international criminal tribunal for the former Yugoslavia (ICTY)—a special court that the UN had set up to address crimes during the 1990s’ Balkans conflicts. It prosecuted war crimes, genocide and crimes against humanity. The Bench also includes judges from France, Romania, Canada and South Korea.
Can an ICC Arrest Warrant Be Defied?
In September, President Putin visited Mongolia without any restrictions, even though the ICC issued an arrest warrant for him last year. The court has charged President Putin and Maria Lvova-Belova, Russia’s commissioner for children’s rights, with serious offences, such as war crimes, crimes against humanity and genocide. Interestingly, one of the ICC judges, Erdenebalsuren Damdin, is from Mongolia.
What authority does the court have?
The 18 judges have the authority to handle what the court calls ‘the most serious crimes that affect the entire international community’, including genocide, crimes against humanity and war crimes. In 2018, the crime of aggression was added to the list of serious offences the court handles. However, the court can take action only if the crimes happened in a member country or were committed by a citizen of a member-nation.
How Effective Is the Court Seen as Being?
Some critics believe it is not very effective. A law professor from the University of Pennsylvania pointed out in a paper two years ago that, despite thousands of possible cases the ICC could have investigated, only 44 people have been charged so far, reports The Times, a UK-based media outlet. The paper also mentioned that, by 2022, only 14 cases had gone through full legal proceedings, leading to just nine convictions.
Others, such as the EU, have a more positive view. That year, Brussels highlighted that, in the court’s 20 years, it had punished individuals guilty of crimes such as sexual violence, recruiting child soldiers and destroying cultural heritage. The EU further praised the court, calling it an important tool for holding offenders accountable, ensuring fair trials, delivering justice to victims and helping prevent future crimes.
(The author of this article is a Defence, Aerospace & Political Analyst based in Bengaluru. He is also Director of ADD Engineering Components, India, Pvt. Ltd, a subsidiary of ADD Engineering GmbH, Germany. You can reach him at: girishlinganna@gmail.com)
(Disclaimer: The views expressed above are the author’s own and do not reflect those of DNA)