After ICC arrest warrant, where Netanyahu and Gallant can go or can’t

All the 124 members of the Rome Statute are now compelled to detain Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant after the International Criminal Court (ICC) issued arrest warrants against them over the alleged war crimes relating to the Gaza war.

Notably, it is the first time that leaders of a democracy and western-aligned state have been charged by the court headquartered in The Hague, Netherlands.

The arrest warrants against Netanyahu and Gallant have been issued in response to accusations of crimes against humanity and war crimes in Israel’s war on Hamas in Gaza, set off by the Palestinian terrorist group’s attack on October 7, 2023. This has escalated tension in West Asia.

The court said there were reasonable grounds to believe the senior Israeli officials bore criminal responsibility as co-perpetrators for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”.

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Will it get difficult for Netanyahu & Gallant?

It appears that the arrest warrant will not make a big difference for Netanyahu and Gallant as Israel does not recognise the authority of the ICC and they are expected to continue the fight with intensity.

However, their world seems to have just shrunk as both the leaders are now expected to restrict their travel to avoid any possible arrest.

Can ICC enforce power on members?

The answer is no. The ICC does not have enforcement powers. It can just expect cooperation from member states to arrest and surrender suspects.

Also, ICC has several members who are allies of Netanyahu and Israel. They include the United Kingdom, Germany, France, and Hungary and it is very unlikely they will arrest the Israeli PM if he does travel to their shores.

What is the Rome Statute?

The ICC was established under a 1998 treaty called the Rome Statute which includes 124 state parties across six continents.

The Rome Statute “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.”

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Israel is not a party to the Rome Statute, but Palestine is.

Countries that say ‘will arrest’ Netanyahu after ICC order

Till now, Italy, the Netherlands and Canada have said that they would comply with ICC’s arrest warrants against Netanyahu and Gallant and assured to detain them.

Dutch Foreign Minister Caspar Veldkamp, whose country hosts the ICC, has confirmed the Netherlands would arrest Netanyahu if he arrived on Dutch soil.

“The line from the government is clear. We are obliged to cooperate with the ICC… we abide 100 per cent by the Rome Statute,” Veldkamp said in response to a question in parliament on Thursday.

Canadian Prime Minister Justin Trudeau also affirmed his country’s support and compliance with the ICC warrants.

“First of all, as Canada has always said, it’s really important that everyone abide by international law. This is something we’ve been calling on from the beginning of the conflict,” Trudeau told media in the Toronto.

For the unversed, Canada is one of the founding members of the ICC and the International Court of Justice (ICJ).

When Trudeau was asked whether Netanyahu and Gallant would be arrested if they stepped foot in Canada, he said: “We stand up for international law, and we will abide by all the regulations and rulings of the international courts.”

Also, Italian Defense Minister Guido Crosetto said his country would arrest Netanyahu if he visited.

Crosetto said he believed the ICC was “wrong” to put Netanyahu and Gallant on the same level as Hamas. But went on to say that if Netanyahu or Gallant “were to come to Italy, we would have to arrest them.”

“It was not a political choice but Italy was bound as a member of the ICC to act on the court’s warrants,” he further said.

Which are the countries where Netanyahu, Gallant can be detained after ICC’s arrest warrant?

Among 124 States Parties to the Rome Statute of the ICC - there are mostly African States, followed by Asia-Pacific States, Eastern Europe, Latin American and Caribbean States. There are also some Western European states among others.

India, China and the US are not among the members of ICC.

African members

1 - Benin
2 - Botswana
3 - Burkina Faso
4 - Cabo Verde
5 - Central African Republic
6 - Chad
7 - Comoros
8 - Congo
9 - Democratic Republic of the Congo
10 - Djibouti
11 - Gabon
12 - Gambia
13 - Ghana
14 - Guinea
15 - Kenya
16 - Lesotho
17 - Liberia
18 - Madagascar
19 - Malawi
20 - Mali
21 - Mauritius
22 - Namibia
23 - Niger
24 - Nigeria
25 - Senegal
26 - Seychelles
27 - Sierra Leone
28 - South Africa
29 - Tunisia
30 - Uganda
31 - United Republic of Tanzania
32 - Zambia

Asia-Pacific countries

33- Afghanistan
34 - Bangladesh
35 - Cambodia
36 - Cook Islands
37 - Cyprus
38 - Fiji
39 - Japan
40 - Jordan
41 - Kiribati
42 - Maldives
43 - Marshall Islands
44 - Mongolia
45 - Nauru
46 - Republic of Korea
47 - Samoa
48 - State of Palestine
49 - Tajikistan
50 - Timor-Leste
51 - Vanuatu

East European countries 

52 - Albania
53 - Armenia
54 - Bosnia and Herzegovina
55 - Bulgaria
56 - Croatia
57 - Czech Republic
58 - Estonia
59 - Georgia
60 - Hungary
61 - Latvia
62 - Lithuania
63 - Montenegro
64 - North Macedonia
65 - Poland
66 - Republic of Moldova
67 - Romania
68 - Serbia
69 - Slovakia
70 - Slovenia

Latin American and Caribbean States

71 - Antigua and Barbuda
72 - Argentina
73 - Barbados
74 - Belize
75 - Bolivia
76 - Brazil
77 - Chile
78 - Colombia
79 - Costa Rica
80 - Dominica
81 - Dominican Republic
82 - Ecuador
83 - El Salvador
84 - Grenada
85 - Guatemala
86 - Guyana
87 - Honduras
88 - Mexico
89 - Panama
90 - Paraguay
91 - Peru
92 - Saint Kitts and Nevis
93 - Saint Lucia
94 - Saint Vincent and the Grenadines
95 - Suriname
96 - Trinidad and Tobago
97 - Uruguay
98 - Venezuela

Western European and other States

99 - Andorra
100 - Australia
101 - Austria
102 - Belgium
103 - Canada
104 - Cyprus
105 - Denmark
106 - Finland
107 - France
108 - Germany
109 - Greece
110 - Iceland
111 - Ireland
112 - Italy
113 - Liechtenstein
114 - Luxembourg
115 - Malta
116 - Netherlands
117 - New Zealand
118 - Norway
119 - Portugal
120 - San Marino
121 - Spain
122 - Sweden
123 - Switzerland
124 - United Kingdom.

With inputs from agencies