What ICC arrest warrant means for Israeli PM Netanyahu

The International Criminal Court’s (ICC) issuance of an arrest warrant against Israeli Prime Minister Benjamin Netanyahu has raised a lot of questions.

Charged alongside former Defence Minister Yoav Gallant and Hamas leader Mohammed Deif for alleged war crimes and crimes against humanity, Netanyahu now faces mounting pressure both domestically and abroad.

What the ICC arrest warrant means for Netanyahu

The ICC arrest warrant significantly limits Netanyahu’s ability to travel internationally. With 124 member states of the Rome Statute obligated to enforce ICC warrants, Netanyahu risks arrest if he enters any of these jurisdictions.

This includes countries like Germany, France, and the UK, which have traditionally supported Israel.

The warrant effectively isolates Netanyahu from key allies. While some nations might choose to ignore their obligations, domestic pressure in these countries could deter their leaders from meeting Netanyahu publicly or even engaging with him diplomatically.

The warrant complicates Israel’s relationships with ICC member states, especially in Europe. Countries like Germany, known for strong ties with Israel, may find it politically risky to host or be seen supporting Netanyahu.

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Although Israel is not a party to the Rome Statute and does not recognise ICC jurisdiction, Netanyahu’s legal exposure increases if he visits ICC-member countries.

The ICC prosecutor Karim Khan said that signatories must comply with arrest orders, stating, “We count on their cooperation…to uphold international law.”

Domestically, the arrest warrant has divided opinion. While Netanyahu’s government has dismissed the ICC’s actions as politically motivated, opposition voices could use the charges to challenge his leadership. His critics argue that the allegations tarnish Israel’s global reputation, potentially undermining its security and diplomatic standing.

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What the allegations against Netanyahu say

The ICC charges Netanyahu with war crimes and crimes against humanity, alleging his involvement in:

• Starvation as a method of warfare: The ICC accuses Netanyahu of depriving Gaza’s civilian population of essential resources, including food, water, electricity, fuel, and medical supplies, between October 8, 2023, and May 20, 2024.

• Murder and inhumane acts: The court cites evidence of widespread and systematic attacks that led to civilian deaths, including children, caused by malnutrition and dehydration.

• Torture and sexual violence: Forces under Netanyahu’s command are accused of engaging in acts of torture, rape, and wanton destruction of property in Gaza.

Netanyahu’s administration has denied the charges, with his office asserting, “There is nothing more just than the war that Israel has been waging in Gaza.”

How Israel, the US & Palestine reacted

Netanyahu’s government has rejected the ICC’s authority, calling the charges baseless and politically motivated. Foreign Minister Gideon Saar labelled the ICC’s actions as “a dark moment for international justice” and accused the court of anti-Israel bias.

The US, which is also not a signatory to the Rome Statute, has backed Israel. A White House National Security Council spokesperson criticised the ICC’s decision , saying, “We fundamentally reject the move.” Prominent US Senator Lindsey Graham dismissed the ICC as a “dangerous joke.”

I cannot emphasize enough my strong objection to what the ICC has done to the State of Israel.

The ICC is a rogue and politically motivated organization that is trampling on the very concept of the rule of law. I made it abundantly clear that I believe this entire process is an…

— Lindsey Graham (@LindseyGrahamSC) November 21, 2024

The EU has adopted a more measured response. Josep Borrell, the EU’s foreign policy chief, stated that the ICC’s decision was judicial, not political, and must be respected.

Palestinian officials and residents of Gaza have welcomed the ICC’s actions as a step toward justice. “Netanyahu and Gallant now are war criminals,” Shaban Abed, a displaced Gaza resident told Reuters. “Sooner or later, some country will bring them to justice.”

How the arrest warrant will impact Israel’s war in Gaza

The arrest warrant may hinder Israel’s ability to secure arms deals or military cooperation from ICC member states with laws restricting arms transfers to countries accused of human rights abuses.

Netanyahu’s isolation could deepen as more countries weigh the political cost of supporting him. High-profile leaders may avoid being seen with Netanyahu to sidestep domestic and international criticism.

The warrant represents a significant step in holding world leaders accountable for alleged war crimes. While the ICC has issued similar warrants in the past — notably against Russian President Vladimir Putin — this case puts Israel under unprecedented scrutiny.

Can ICC arrest Netanyahu?

Despite the ICC’s issuance of the warrant, there are significant challenges ahead.  The ICC lacks its own enforcement mechanism and relies on member states to arrest and extradite individuals. Nations that value their ties with Israel may resist compliance.

The ICC will need to gather substantial evidence linking Netanyahu directly to the alleged crimes, a daunting task given the complexities of conflict zones.

While arrest may be unlikely, the warrant increases international pressure on Israel to address allegations of human rights violations in Gaza.

While the likelihood of his immediate arrest remains slim, the long-term consequences for Netanyahu’s political legacy, Israel’s foreign relations, and the ongoing Israel-Palestine conflict are profound.

Also Read | Defence Minister Gallant’s removal exposes deepening fault lines within Israel

With inputs from agencies