Netanyahu, Gallant wanted for arrest by International Criminal Court
The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and ex-Defence Minister Yoav Gallant for their conduct in Israel’s on Gaza. A Hamas leader Israel claims to have killed is also wanted by the court.
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How US politicians responded to Netanyahu’s ICC arrest warrant
Biden administration ‘fundamentally rejects’ decision as lawmakers issue threats and call for sanctions against court.
Published On 21 Nov 202421 Nov 2024
Washington, DC – When Israeli Prime Minister Benjamin Netanyahu spoke in front of the United States Congress earlier this year, the lawmakers stood up and clapped for him dozens of times.
Now that he is a formally suspected war criminal wanted by the International Criminal Court (ICC), the adoration he received in Washington, DC, in July from US politicians is turning into anger and threats against the Hague-based tribunal.
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ICC pre-trial judges issued arrest warrants on Thursday for Netanyahu and his former Defence Minister Yoav Gallant for charges of using starvation as a method of warfare as well as the crimes against humanity of murder, persecution and other inhumane acts.
The court found that there were reasonable grounds that the Israeli siege of Gaza “created conditions of life calculated to bring about the destruction of part of the civilian population”.
With a few exceptions, US politicians from both major parties expressed outrage at the court’s decision, with many questioning the court’s legitimacy.
White House ‘rejects’ warrants
The administration of President Joe Biden was quick to voice opposition to the ruling.
“We fundamentally reject the court’s decision to issue arrest warrants for senior Israeli officials,” White House spokeswoman Karine Jean-Pierre told reporters.
“We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision.”
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She did not identify the alleged errors.
The Biden administration raised eyebrows earlier this month when it said that Israel had not violated a deadline to allow humanitarian assistance to Gaza, contradicting the findings of top aid organisations.
Jean-Pierre also reiterated the US argument that the ICC has no jurisdiction over Israeli officials because Israel is not a party to the court.
But the court has rejected that rationale, asserting that it has jurisdiction on the matter because Palestine – where the suspected crimes occurred – accepts the court’s authority.
US officials have previously argued that Palestinians do not have a state, and therefore cannot enter the Rome Statute, the treaty that established the court. But Palestine, which joined the ICC in 2015, is a non-member observer state of the United Nations.
Asked about calls for sanctioning court officials, Jean-Pierre told reporters: “We are in consultation with our partners, which include Israel, about our next steps.”
A recent Brown University study found that the Biden administration spent $17.9bn on security assistance to Israel over the past year – funds that were vital to the US ally’s devastating war on Gaza.
Call for sanctions
While the outgoing Democratic administration rebuked the ICC, Republicans were even more forceful in condemning The Hague-based tribunal and demanding penalties against its officials.
Senator Lindsey Graham, an ally of President-elect Donald Trump, said it is time for the US government to sanction the ICC for its warrants against Netanyahu and Gallant.
The US House of Representatives passed a bill in June to impose sanctions on court officials, but the measure has not been considered by the Democratic-controlled Senate.
Senate Majority Leader Chuck Schumer “needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it”, Graham wrote in a social media post.
In 2021, the Biden administration removed sanctions on ICC officials that had been imposed by Trump, who will be sworn in for a second term on January 20.
Incoming Trump aide warns of ‘strong response’
Congressman Mike Waltz, who is set to serve as Trump’s national security adviser, slammed the court over arrest warrants.
“The ICC has no credibility and these allegations have been refuted by the US government,” Waltz wrote in a social media post.
“Israel has lawfully defended its people [and] borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC [and] UN come January.”
Senator threatens ICC with ‘Hague Invasion Act’
Sanctions are not enough for Tom Cotton, a Republican senator known for calling for the use of military force, even against domestic protesters.
Rebuking the ICC, Cotton invoked a US law that authorises the US president to use “all means necessary and appropriate” to free Americans or allied individuals detained at the request of the court.
Congress in 2002 passed the American Service-Members’ Protection Act, which is informally known as “The Hague Invasion Act” because it greenlights military force against the ICC.
“The ICC is a kangaroo court and Karim Khan is a deranged fanatic,” Cotton wrote in a social media post.
“Woe to him and anyone who tries to enforce these outlaw warrants.”
Democrats condemn court
As it often does, support for Israel – even against allegations of horrific war crimes – brought key figures from both major parties together.
Pennsylvania Senator John Fetterman used profanity and an Israeli flag emoji to make his views known. “No standing, relevance, or path. F*** that,” he wrote in a social media post.
Florida Congressman Jared Moskowitz accused the ICC of “antisemitic double standard”, and Nevada Senator Jacky Rosen urged Biden to “use his authority to swiftly respond to this overreach”.
For his part, New York Congressman Ritchie Torres accused the ICC of criminalising self-defence.
Numerous rights groups have concluded that Israeli atrocities in Gaza, which UN experts have described as a genocide, are war crimes that do not fall under the right of self-defence.
“The ICC should be sanctioned not for enforcing the law but for distorting it beyond recognition,” Torres wrote in a social media post.
Tlaib hails ‘historic’ arrest warrants
The Palestinian American congresswoman, Rashida Tlaib, was a rare voice of dissent in welcoming the ICC’s decision.
Tlaib called on the Biden administration to end “complicity” in Israeli abuses.
“The International Criminal Court’s long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending,” Tlaib said in a statement.
“Since this genocide began, the United States has provided more than $18bn in weapons to the Israeli government. The Biden Administration can no longer deny that those same US weapons have been used in countless war crimes.”
She added that Washington must immediately halt all arms transfers to the “Israeli apartheid regime”.
“Today’s historic arrest warrants cannot bring back the dead and displaced, but they are a major step towards holding war criminals accountable,” the congresswoman added.
Mayor says his city would arrest Netanyahu
Abdullah Hammoud, the mayor of the Detroit suburb of Dearborn, which has a large Arab American population, said the city would enforce the ICC warrants against Gallant and Netanyahu.
“Dearborn will arrest Netanyahu [and] Gallant if they step within Dearborn city limits,” Hammoud wrote in a social media post.
“Other cities should declare the same. Our president may not take action, but city leaders can ensure Netanyahu [and] other war criminals are not welcome to travel freely across these United States.”
The US does not recognise the ICC’s jurisdiction on its soil, so it is not clear whether its municipalities have the authority to arrest Netanyahu.
Still, Hammoud’s threat highlights the legal perils Netanyahu and Gallant will face across the world as formally accused war criminals.
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Source: Al Jazeera https://www.aljazeera.com/news/2024/11/21/how-us-politicians-responded-to-netanyahus-icc-arrest-warrant
ICC issues arrest warrant for Benjamin Netanyahu for alleged Gaza war crimes
Joe Biden describes as ‘outrageous’ the warrants for Israeli PM and former defence minister, which put them at risk of detention if they go to some other countries
Julian Borger and Andrew RothFri 22 Nov 2024 00.34 GMTShare
The international criminal court has issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, the country’s former defence minister Yoav Gallant and the Hamas military leader Mohammed Deif for alleged war crimes relating to the Gaza war.
It is the first time that leaders of a democracy and western-aligned state have been charged by the court, in the most momentous decision of its 22-year history.
Netanyahu and Gallant are at risk of arrest if they travel to any of the 124 countries that signed the Rome statute establishing the court. Israel claims to have killed Deif in an airstrike in July, but the court’s pre-trial chamber said it would “continue to gather information” to confirm his death.
The chamber ruled there were reasonable grounds to believe Netanyahu and Gallant 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”.
The three-judge panel also said it had found reasonable grounds to believe Deif was responsible for crimes against humanity and war crimes including murder, torture, rape and hostage taking relating to the Hamas attack on Israel on 7 October 2023 in which fighters killed more than 1,200 people, mostly Israeli civilians, and kidnapped 250.
The US criticised the move, with Joe Biden describing the warrants in a statement on Thursday night as “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.”
Netanyahu’s office denounced the chamber’s decision as “antisemitic”.
“Israel utterly rejects the false and absurd charges of the international criminal court, a biased and discriminatory political body,” the office said in a statement, adding that “no war is more just than the war Israel has been waging in Gaza”.
The statement pointed to an investigation into accusations of sexual misconduct against the ICC prosecutor Karim Khan who sought the charges against the three men in May. Khan, 54, has denied the allegations and said he will cooperate with the investigation.
Netanyahu said in a video statement: “No outrageous anti-Israel decision will prevent us – and it will not prevent me – from continuing to defend our country in every way. We will not yield to pressure.”
The US national security council issued a statement “fundamentally” rejecting the court’s decision. “We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision,” the statement said, without any detail of the alleged errors.
“The United States has been clear that the ICC does not have jurisdiction over this matter. In coordination with partners, including Israel, we are discussing next steps.”
The US has previously welcomed ICC war crimes warrants against Vladimir Putin and other Russian officials for atrocities committed in Ukraine, exposing the Biden administration to accusations of double standards from many UN members, particularly from the global south.
Netanyahu can expect more resounding support from the incoming Donald Trump administration. During his first term, in 2020, Trump imposed US sanctions on the ICC, aimed at court officials and their families. The then secretary of state, Mike Pompeo, made clear the sanctions were imposed because the ICC had begun investigating the actions of the US and its allies in Afghanistan, as well as Israeli military operations in the occupied territories.
The UK is expected to agree to the request to arrest Netanyahu if he came to Britain, although Downing Street refused to directly confirm this, saying only that it would “respect” the court’s independence. A spokesperson said a UK-based court procedure would be needed to approve any request.
The panel said the full version of the warrants against Netanyahu and Gallant were secret “in order to protect witnesses and to safeguard the conduct of the investigations”, but the judges released much of their reasoning. This focused on the obstruction of the supply of humanitarian aid into Gaza, which it judged to be deliberate.
“The chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the written ruling said.
The warrants were broadly welcomed by human rights groups. Balkees Jarrah, an associate international justice director at Human Rights Watch, said they would “break through the perception” that certain individuals were beyond the reach of the law.
“Whether the ICC can effectively deliver on its mandate will depend on governments’ willingness to support justice no matter where abuses are committed and by whom,” Jarrah said. “These warrants should finally push the international community to address atrocities and secure justice for all victims in Palestine and Israel.”
Israel has denied committing war crimes in Gaza and has rejected the jurisdiction of the court. However, the pretrial chamber noted that Palestine had been recognised as a member of the court in 2015, so the ICC did not require Israeli approval to investigate crimes on Palestinian territory.
The chamber also rejected an Israeli appeal for the warrants to be deferred, saying the Israeli authorities were informed of an earlier ICC investigation in 2021, and at that time, “Israel elected not to pursue any request for deferral of the investigation”.
An ICC statement said of Deif that “the chamber found reasonable grounds to believe that Mr Deif … is responsible for the crimes against humanity of murder, extermination, torture and rape and other form of sexual violence, as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other forms of sexual violence”.
Khan had sought warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, but they were killed in the conflict. Israel’s claim to have killed Deif has been neither confirmed nor denied by Hamas.
Benny Gantz, a retired general and political rival to Netanyahu, condemned the ICC’s decision, saying it showed “moral blindness” and was a “shameful stain of historic proportion that will never be forgotten”. Yair Lapid, another opposition leader, called it a “prize for terror”.
The warrants have been issued at a sensitive moment for Khan, in the face of an investigation of claims of sexual misconduct. The inquiry will examine the allegations against the prosecutor, which, the Guardian reported last month, include claims of unwanted sexual touching and “abuse” over an extended period, as well as coercive behaviour and abuse of authority. The alleged victim, an ICC lawyer in her 30s, has previously declined to comment.
The arrest warrants could increase the external pressure on Netanyahu’s government as the US seeks to broker a ceasefire between Israel and Hamas, but could well strengthen the prime minister’s political position in Israel in the short term, as most Israelis reject the ICC’s jurisdiction, regarding it as interference in their country’s internal affairs.
Biden has said he does not believe Netanyahu is doing enough to secure a ceasefire, after the Israeli leader vowed not to compromise on Israeli control over strategic territory inside Gaza. Netanyahu has accused Hamas of failing to negotiate in good faith.
Arrest warrants issued for Netanyahu, Gallant and Hamas commander over alleged war crimes
David Gritten
BBC News
Judges at the International Criminal Court (ICC) have issued arrest warrants for Israel’s prime minister and former defence minister, as well as the military commander of Hamas.
A statement said a pre-trial chamber had rejected Israel’s challenges to the court’s jurisdiction and issued warrants for Benjamin Netanyahu and Yoav Gallant.
A warrant was also issued for Mohammed Deif of Hamas, although Israel has said he was killed in an air strike in Gaza in July.
The judges said there were “reasonable grounds” the three men bore “criminal responsibility” for alleged war crimes and crimes against humanity during the war between Israel and Hamas. Both Israel and Hamas have rejected the allegations.
Prime Minister Netanyahu condemned the ICC’s decision as “antisemitic”, while Hamas said the warrants for Netanyahu and Gallant had set an “important historical precedent”.
The impact of these warrants will in part depend on whether the ICC’s 124 member states – which do not include Israel or its main ally, the United States – decide to enforce them or not.
The White House said the US rejected the ICC decision.
However, several European countries have said they respect the decisions of the court.
Gardner: ICC warrants ‘major blow to Israel’s standing’
The ICC has the authority to prosecute those accused of genocide, crimes against humanity and war crimes on the territory of states party to the Rome Statute, its founding treaty.
Israel rejects the ICC’s jurisdiction, but the court ruled in 2021 that it had jurisdiction over the occupied West Bank, East Jerusalem and Gaza because the UN’s secretary general had accepted the Palestinians were a member.
What are the charges?
In May, the ICC prosecutor Karim Khan sought warrants for Netanyahu, Gallant, Deif and two other Hamas leaders who have since been killed, Ismail Haniyeh and Yahya Sinwar.
Although Israel believes Deif is dead, the chamber said it had been notified by the ICC prosecution that it was not in a position to determine whether he was killed or remained alive.
The prosecutor’s case against them stems from the events of 7 October 2023, when Hamas gunmen attacked southern Israel, killing about 1,200 people and taking 251 others back to Gaza as hostages.
Israel responded to the attack by launching a military campaign to eliminate Hamas, during which at least 44,000 people have been killed in Gaza, according to the territory’s Hamas-run health ministry.
For Deif, the chamber found reasonable grounds to believe he was “responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence”.
It also said there were reasonable grounds to believe the crimes against humanity were “part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel”.
For Netanyahu and Gallant, who was replaced as defence minister earlier this month, the chamber found reasonable grounds to believe that they “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”.
It also found reasonable grounds to believe that “each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population”.
The chamber also noted that it had rejected two Israeli challenges – one disputing the ICC’s jurisdiction over the Palestinian territories, and Israeli nationals specifically, and the other arguing that the ICC prosecutor had not given Israel the opportunity to investigate the allegations itself before requesting warrants.
The ICC is a court of last resort and is only supposed to act when domestic courts cannot, or will not, genuinely investigate or prosecute serious international crimes.
Will Netanyahu be arrested?
Despite the warrants, Netanyahu and Gallant do not face any immediate threat of prosecution, although it could make it difficult for them to travel abroad.
Technically, if either of them set foot in any ICC member state they must be arrested and handed over to the court.
Netanyahu’s most recent overseas trip was in July to the US, which is not a member. But last year, he visited several other countries, including the UK, which is.
When asked by journalists if Netanyahu would be arrested if he came to the UK, the government spokesman replied: “We are not getting into hypotheticals.”
It is believed a domestic legal process would be required in the UK to determine whether to endorse the warrant.
Two EU countries – Italy and the Netherlands – have said openly they would arrest any of the men on their territory. Several other European countries promised to comply with the ICC’s rules without specifying this.
EU foreign policy chief Josep Borrell said the ICC decision was binding on all EU member states.
ICC members do not always choose to enforce warrants.
Russian President Vladimir Putin, wanted over alleged war crimes in Ukraine, received a warm welcome and was not arrested during an official visit to neighbouring Mongolia – an ICC member – in September.
South Africa, another ICC member, also failed to arrest then-Sudanese President Omar al-Bashir when he visited in 2015 despite him facing a warrant for alleged war crimes in the Darfur region.
In the US, incoming Senate Republican leader John Thune urged the Senate to pass a bill that has already been passed by the House of Representatives, under which the US would impose sanctions on people “engaged in any effort to investigate, arrest, detain or prosecute any protected person of the United States and its allies”.
How have Israel and Hamas reacted?
Netanyahu said in a video that it was a “dark day in the history of humanity”, and that the ICC has become “the enemy of humanity.
“It’s an antisemitic step that has one goal – to deter me, to deter us from having our natural right to defend ourselves against enemies who try to destroy us,” he said.
Gallant said the court’s decision “places the State of Israel and the murderous leaders of Hamas in the same row and thus legitimises the murder of babies, the rape of women and the abduction of the elderly from their beds”.
Hamas made no mention of the warrant for Deif but welcomed the warrants for Netanyahu and Gallant, saying the ICC’s decision “constitutes an important historical precedent, and a correction to a long path of historical injustice against our people”.
Israel has vehemently denied the allegation its forces are committing genocide against Palestinians in Gaza, which is the subject of a separate case before the International Court of Justice.
The Palestinian Authority – which runs parts of the West Bank – said the decision “represents hope and confidence in international law and its institutions” and urged ICC member states to halt “contact and meetings” with Netanyahu and Gallant.
Palestinians in Gaza expressed hope that it would bring Israeli leaders to justice.
“The court’s decision may ease some of my pain, but my sister’s soul – and those of tens of thousands of Palestinian victims – will not find peace until Netanyahu and his army leaders are behind bars,” Munira al-Shami, whose sister Wafa was killed in an Israeli attack a month ago, told the BBC.
source https://www.bbc.com/news/articles/cly2exvx944o
Categories: The Muslim Times