 "In Netanyahu’s criticism of ICC arrest warrant, a mention of ‘Dreyfus Trial’: What was the case all about?")
In a big blow to Benjamin Netanyahu, the world’s leading war crimes court issued arrest warrants on Thursday for the Israeli Prime Minister, his former Defence Minister, and Hamas’ military chief. The charges accuse them of crimes against humanity related to the 13-month war in Gaza.
As expected, the Israeli PM has condemned the court’s action, stating that Israel “rejects with disgust the absurd and false actions” of the court. In a statement from his office, he said, “There is nothing more just than the war that Israel has been waging in Gaza.”
The warrants allege that Netanyahu and Israel’s former Defence Minister Yoav Gallant used “starvation as a method of warfare” by restricting humanitarian aid and deliberately targeting civilians during Israel’s military campaign against Hamas in Gaza. Israeli officials have denied these accusations.
However, in Netanyahu’s criticism of the order, there was a mention of a quite infamous trial that took place decades ago. This was the Dreyfus trial of 1894.
ALSO READ | Does ICC arrest warrant against Israel’s Benjamin Netanyahu really matter?
What happened during this trial, and why did Netanyahu mention it? Let’s take a look:
The Dreyfus trial
In an official statement on Thursday, Netanyahu said: “The antisemitic decision of the international court in The Hague is a modern Dreyfus trial, and it will end the same way.”
The Israeli Prime Minister was referencing a high-profile case of antisemitism in France that took place over a century ago. The Dreyfus trial, which began in 1894, revolved around Alfred Dreyfus, a Jewish officer in the French army, who was falsely accused of treason based on fabricated evidence.
Impact Shorts
More ShortsThe scandal, which shook France in the late 19th and early 20th centuries, saw Dreyfus, an artillery captain, wrongly convicted of passing military secrets to the Germans. The case began when a French spy at the German Embassy in Paris found a torn-up letter allegedly written in Dreyfus’ handwriting. He was court-martialled, convicted, and sentenced to life imprisonment on Devil’s Island, a penal colony in French Guiana.
Following his conviction, Dreyfus was publicly humiliated in Paris. His insignia was stripped from his uniform, his sword was broken, and he was paraded before a crowd chanting, “Death to Judas, death to the Jew.”
In 1896, Georges Picquart, the new head of French Army intelligence, found evidence proving Dreyfus’ innocence and identified the real traitor as Major Ferdinand Walsin Esterhazy. However, when Picquart talked about his findings, he was silenced, reassigned to North Africa, and later jailed.
Despite the evidence against Esterhazy, he was court-martialled but found not guilty before fleeing France. The scandal escalated further when French author Emile Zola published his famous open letter, ‘J’Accuse…!’, accusing the French military of a cover-up and defending Dreyfus. Zola was later convicted of libel but escaped to England, returning later.
Dreyfus faced a second court-martial in 1899 and was again found guilty, though he was quickly pardoned by the French president. It was not until 1906 that he was fully acquitted and reinstated in the army.
How Israel responded to the ICC order
The Israeli Prime Minister’s Office issued a strong statement on Thursday condemning the ICC arrest warrants against Netanyahu and Yoav Gallant.
The statement read, “No war is more just than the war Israel has been waging in Gaza since October 7th, 2023, when the Hamas terrorist organisation launched a murderous assault and perpetrated the largest massacre against the Jewish people since the Holocaust.
“The decision to issue an arrest warrant against the prime minister was made by a corrupt chief prosecutor who is trying to save himself from sexual harassment accusations and biased judges who are motivated by antisemitic hatred of Israel… No anti-Israel decision will prevent the State of Israel from defending its citizens.”
The statement also mentioned that Netanyahu “will not give in to pressure” and promised to continue pursuing Israel’s objectives in its war against Hamas and the “Iranian axis of terror.”
Gallant, responding separately, criticised the decision as “a dangerous precedent against the right to self-defence and moral warfare and encourages murderous terrorism.”
Notably, this warrant marks the first time that a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity. Netanyahu and the others are now internationally wanted suspects, risking arrest during international travel, which could lead to further isolation.
Across the Israeli political spectrum, leaders strongly denounced the ICC’s actions. Israel Katz, the newly appointed Defence Minister replacing Gallant, called the decision “a moral disgrace, entirely tainted by antisemitism, and drags the international judicial system to an unprecedented low.”
ALSO READ | Netanyahu offers $5 million for each hostage. How many are still captive with Hamas?
How US, others responded to the order
The United States strongly opposed the International Criminal Court’s decision to issue arrest warrants for Netanyahu and Gallant.
US President Joe Biden said in a statement: “The ICC issuance of arrest warrants against Israeli leaders is outrageous.”
“Let me be clear once again: whatever the ICC might imply, there is no equivalence - none - between Israel and Hamas. We will always stand with Israel against threats to its security.”
Meanwhile, several European nations said that they would support the court’s ruling.
EU foreign policy chief Josep Borrell, speaking during a visit to Jordan, said, “It is not a political decision. It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented.”
The Palestinian Authority has welcomed the warrants, stating that the ICC’s decision “represents hope and confidence in international law and its institutions.”
Italy’s Defence Minister Guido Crosetto stated that his country would be obliged to arrest Netanyahu and Gallant if they visited but described the ICC’s move as “wrong” to equate Netanyahu’s actions with those of Hamas.
Spain also announced its decision to comply with the ruling. Official sources told AFP that Spain “respects the decision and will conform to its commitments and obligations in compliance with the Rome Statute and international law.”
The implications of the court ruling
The International Criminal Court relies on its 124 member states under the Rome Statute to enforce arrest warrants. Member states are bound to detain individuals wanted by the ICC if they enter their territory.
A precedent was set last year when Russian President Vladimir Putin refrained from visiting South Africa amid speculations that he could face arrest under an ICC warrant related to the Ukraine war.
For Benjamin Netanyahu and Yoav Gallant, the impact of these warrants will partly depend on whether ICC member states - which include allies and adversaries of Israel - choose to act on them. Notably, neither Israel nor its key ally, the United States, are ICC members.
The ICC’s member states include Jordan and Tunisia - the only Arab members apart from Palestine - as well as Israel supporters like Germany and all European Union nations. Further, Japan, nearly all Latin American countries (except Cuba and Haiti), and all 33 African nations are signatories.
The ICC has jurisdiction to prosecute genocide, crimes against humanity, and war crimes committed within the territory of its member states.
In 2021, the ICC ruled that it had authority over the occupied West Bank, East Jerusalem, and Gaza, following the UN Secretary-General’s acceptance of Palestine as a member of the ICC. Israel, however, rejects the court’s jurisdiction.
With inputs from agencies
 "Russian drones over Poland: Trump’s tepid reaction a wake-up call for Nato?")
 "As Russia pushes east, Ukraine faces mounting pressure to defend its heartland")
 "Why Mossad was not on board with Israel’s strike on Hamas in Qatar")
 "Turkey: Erdogan's police arrest opposition mayor Hasan Mutlu, dozens officials in corruption probe")
 "Russian drones over Poland: Trump’s tepid reaction a wake-up call for Nato?")
 "As Russia pushes east, Ukraine faces mounting pressure to defend its heartland")
 "Why Mossad was not on board with Israel’s strike on Hamas in Qatar")
 "Turkey: Erdogan's police arrest opposition mayor Hasan Mutlu, dozens officials in corruption probe")
