Recent news reports have indicated that Israeli officials are increasingly concerned that the International Criminal Court (ICC) might soon issue arrest warrants against high-ranking government members, including Israeli Prime Minister Benjamin Netanyahu.
These concerns stem from actions related to Israel’s conflict with Hamas, as detailed by several anonymous Israeli and foreign officials.
The ICC’s scrutiny reportedly extends to both Israeli officials and Hamas leaders.
Specific allegations against the Israeli officials might include the obstruction of humanitarian aid to the Gaza Strip and an excessively harsh military response to the Hamas-led attacks on 7 October last year, which resulted in the death of approximately 1,169 people in Israel and the abduction of around 250 others.
The potential issuance of arrest warrants is viewed by many international observers as a stern moral rebuke, especially given the global criticism of Israel’s conduct in Gaza. This criticism reached a peak when Israel’s closest ally, United States President Joe Biden, labelled Israel’s military actions as “over the top.”
The prospect of ICC action has been influencing Israeli policy and military strategies amidst its ongoing campaign against Hamas, as officials factor in the potential legal ramifications.
Channel 12, a major Israeli television news outlet, recently highlighted Israel’s growing concerns about potential ICC arrest warrants.
According to their report, an “emergency discussion” took place in the Prime Minister’s Office regarding this possibility. However, a government spokesperson declined to comment on the report and its specifics.
Karim Khan, the ICC’s chief prosecutor, acknowledged that his team was investigating war incidents but refused to comment on the specific matter of the warrants.
He earlier stated in October last year that the court has jurisdiction over any alleged war crimes committed by both Hamas in Israel and Israelis in the Gaza Strip.
If the ICC proceeds with issuing warrants, the officials involved will face significant travel restrictions and diplomatic challenges, including further isolation from the global community, though an actual trial or arrest may not be immediate. The warrants would require approval from a panel of judges at the ICC.
Netanyahu has expressed staunch opposition to any ICC interventions, emphasizing that under his leadership, Israel will fiercely defend its right to self-defense and reject any efforts by the ICC to undermine this.
The subsequent war in Gaza, which included heavy Israeli bombardment, has killed more than 34,400 people according to Gazan officials.
Many of the deceased are not accounted for, as their bodies are under rubble or unreachable due to the armed conflict. This has caused widespread damage to housing and infrastructure and brought the territory to the brink of famine.
This situation has also led to accusations of genocide led by South Africa against Israel by the International Court of Justice (ICJ), another tribunal based in The Hague, which has further intensified the international legal and political focus on Israel.
In January, ICJ declared that Israel is “plausibly” committing genocide in Gaza.
The potential for ICC arrest warrants places those named in a contentious position, historically reserved for figures like Omar al-Bashir, the former president of Sudan, and Vladimir V. Putin, the president of Russia, who faced a similar warrant in relation to his actions in Ukraine.