The International Criminal Court (ICC) issued multiple warrants on Thursday for those involved in the ongoing Israel-Gaza war. This included warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant and a Hamas official.
The court has accused them of war crimes and crimes against humanity related to the war in Gaza, which followed Hamas’ October 7, 2023, attack. Since then, Israel’s military ground and air campaigns in Gaza have killed over 44,000 people, according to the Gaza Health Ministry.
The ICC is recognized by 124 member nations, all of which in theory would arrest Netanyahu if he were to visit those countries. However, the ICC lacks its own enforcement mechanisms and the court depends on member nations to cooperate in executing arrest warrants, which they are obligated to enforce.
Newsweek has reached out to the Israeli Government via email for comment.
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It is unlikely that every country will comply with the ICC arrest warrant. The United Kingdom’s Home Secretary Yvette Cooper has refused to comment on whether Netanyahu would be arrested there.
A chief government spokesperson for Germany said that it is unlikely arrests would be made in Germany on the basis of the warrants, though the European Union’s foreign policy chief, Josep Borrell Fontelles, has called on all EU member states to respect and implement the ICC’s decision, arguing that it was not political.
The court has found that both Netanyahu and his former defense minister “each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution and other inhumane acts,” as well as bearing criminal responsibility as “civilian superiors for the war crime of intentionally directing an attack against the civilian population.”
Netanyahu has called the ICC’s arrest warrant an “antisemitic decision” and said, “Israel utterly rejects the false and absurd charges of the ICC, a biased and discriminatory political body.”
President Joe Biden has expressed support for Israel and called the warrants “disgraceful.” The U.S. is a strong ally of Israel and neither country is a member of the ICC.
The ICC has issued arrest warrants for multiple high-profile politicians, including Russian President Vladimir Putin, who was accused of war crimes, specifically in relation to the unlawful detention of Ukrainian children in Russia in the ongoing war. Putin visited ICC member state Mongolia this year for a meeting with the country’s leader. He was not arrested or detained.
These are the countries who have confirmed that they would act on the ICC’s arrest warrant for Netanyahu:
Italy
Italy’s defense minister Guido Crosetto told RAI television, “We would have to arrest them,” adding that it was not a political choice but one that Italy was bound to as a member of the ICC.
The Netherlands
Foreign minister Caspar Veldkamp declared that the Netherlands “implements the Rome Statute 100 percent,” indicating readiness to act upon the ICC arrest warrants.
Spain
The Foreign Ministry stated that Spain “respects” the ICC’s decision and confirmed that the country “will comply with its commitments and obligations in relation to the Rome Statute and international law.”
Switzerland
The Federal Office of Justice affirmed that it is obliged to cooperate with the ICC as per the Rome Statute and would arrest Netanyahu or Gallant if they entered Switzerland.
Lithuania
The Foreign Ministry confirmed that the arrest warrant would be executed.
Canada
Justin Trudeau, the prime minister of Canada, has said his government will abide by the rules and regulations of the ICC. “It’s really important that everyone abide by international law; this is something we have been calling on since the beginning of the conflict,” Trudeau told a reporter on Thursday.
Ireland
Taoiseach Simon Harris said on RTE, Ireland’s national broadcaster, that Netanyahu would “absolutely” be arrested, and added, “We support international courts and we apply their warrants.”
South Africa
In a statement, the government welcomed the ICC’s decision and called it a “significant step toward justice for crimes against humanity and war crimes in Palestine.”
Turkey
Foreign minister Hakan Fidan called the ICC arrest warrant “hopeful” and a crucial step in bringing Israeli authorities to justice for their “genocide” against Palestinians. The Israeli government has denied any allegations of genocide.
Jordan
Foreign minister Ayman Safadi said the ICC’s decision must be respected and implemented, and that “Palestinians deserve justice.”
Norway
Foreign minister Espen Barth Eide stated, “It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards.”
Sweden
Foreign minister Maria Malmer Stenergard stated that her country and the EU “support the court’s important work and protect its independence and integrity,” adding that Swedish legal authorities will decide on the arrest of subjects of ICC warrants.
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