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The decision by the International Criminal Court (ICC) to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza marks a diplomatic and moral setback for Israel, which has been attacking the tiny Palestinian enclave for over 13 months. The ICC has also issued arrest warrants for two Hamas leaders, Yahya Sinwar and Mohammed Deif, regarding the October 7, 2023 attack on Israel. Sinwar, Hamas’s chief in Gaza, was killed by the Israeli army on October 16, and Deif, the head of Hamas’s military wing, was reportedly killed in an Israeli air strike in July. Thus, the practical focus of the warrants remains on Mr. Netanyahu and Mr. Gallant. Mr. Netanyahu has rejected the warrant as “anti-Semitic”, a frequent retort to criticism. The U.S., Israel’s closest ally, has said it “fundamentally rejects” the ICC’s decision. The ICC does not have a police force to carry out arrests, and until the accused are arrested, their trial cannot take place since the court does not have a mandate to conduct trials in absentia. Nevertheless, the warrants would complicate the ability of Mr. Netanyahu and Mr. Gallant to travel freely across the globe. As the Rome Statute of the ICC has been recognised by 124 countries, they would be legally obligated to arrest them if they enter their territories. The ICC asserts there are “reasonable grounds” to believe that Mr. Netanyahu and Mr. Gallant bear “criminal responsibility” for causing “mass starvation” and “deliberately targeting” medical facilities in Gaza. Israel contends that it is fighting terrorism and adhering to international law. However, the numbers from Gaza suggest otherwise — nearly 44,000 deaths and more than 1,00,000 wounded. And, Gaza’s population of around 2.3 million has been displaced, some multiple times.
The International Court of Justice has previously urged Israel to take measures to avoid genocide in Gaza, and the UN Security Council has called for a ceasefire. Yet, Israel continues its military actions with the full backing of the Biden administration, resulting in more deaths and suffering. This war has left a moral stain on Israel and its supporters, and the ICC arrest warrants serve to endorse growing international criticism of Israel’s actions. While Mr. Netanyahu and Mr. Gallant may not be arrested or tried, the warrants deepen Israel’s international isolation and complicate its diplomatic relations. The sooner Mr. Netanyahu ends this aimless, disastrous and disproportionate war and shifts towards diplomacy, the better it will be for the state of Israel.
Published – November 26, 2024 12:15 am IST
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Moral stain: The Hindu Editorial on Israel and the ICC arrest warrants
