Arrest Warrant Issued by ICC against Israeli PM Netanyahu & 2 others

The three-judge bench of the International Criminal Court (ICC) has issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu, former Israeli Defence Minister Yoav Gallant and Hamas leader Mohammed Deif. Israel claims that it has killed Mohammad Deif, leader of the military wing of Hamas, Izz al-Din al-Qassam Brigades.

The ICC has issued a warrant against these three leaders for their alleged war crimes in Gaza. 

The United States, which is the strongest ally of Israel, has strongly condemned the ICC warrant against the top Israeli leadership.

In March 2023, the ICC issued an arrest warrant against Russian President Vladimir Putin for alleged war crimes by the Russians in Ukraine. Russia invaded Ukraine in February 2022, and the war between the two countries is continuing.

Background  to the ICC Arrest Warrant

On 17 November 2023, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti filed a case against Israeli leaders for war crimes for its military action in Gaza. 

The Israeli military action in Gaza was in response to the militant Palestinian group Hamas's attack on Israel on 7 October 2023, which led to the death of around 1200 people, and another 250 were taken hostage.

The Israeli leadership was accused of blocking all humanitarian aid to Gaza, which led to a hunger-like situation in the territory. The Israeli leadership was also accused of giving orders to the Israeli Army to deliberately target the civilian population in Gaza, which was considered a war crime.

The Israeli government challenged the jurisdiction of the International Criminal Court because Israel is not a signatory of the 1998 Rome Statute, which led to its creation.

The ICC held that even though Palestine was not a sovereign country, it still was a member of the ICC as it had ratified the Rome Statute. Gaza, being a Palestinian territory, came under its jurisdiction.

The Hamas leader  Mohammed Deif is accused of murder, rape, torture and the taking of hostages amounting to war crimes and crimes against humanity for Hamas's attack on Isreal on 7 October 2023.

Read this for a Background to the Conflict in Gaza

Implications of the Arrest Warrant 

The ICC doesn't have police and can't arrest an accused person against which it has issued the warrant. 

However, the countries which have signed the 1998 Rome Statute and are members of the ICC are duty-bound to arrest Benjamin Netanyahu, Yoav Gallant and Mohammed Deif if they visit their country.

Visit of Putin and implications for India 

This was why Vladimir Putin did not visit South Africa in 2023 to attend the BRICS Summit meeting, as South Africa is a member of the ICC.

Vladimir Putin is expected to visit India soon, but India is under no obligation to arrest Putin as India is not a signatory of the 1998 Rome Statute.

Similarly, in 2015, President Omar Hassan al-Bashir visited India to attend the India-Africa Summit meeting. 

In 2009 and 2010, the ICC issued a warrant against  President Omar Hassan al-Bashir for war crimes in Darfur. He is the first sitting Head of a State against whom the ICC has issued an arrest warrant.

The ICC requested India to arrest President Bashir, which India declined. 

About the International Criminal Court (ICC)

In 2002, the International Criminal Court (ICC) was established under the provisions of the 1998 Rome Statute to prosecute individuals accused of war crimes, genocide, aggression, and crimes against humanity. 

It differs from the International Court of Justice (ICJ), where disputes between two countries are resolved. 

In ICC, independent  Prosecutors can file a case.

One hundred twenty-four countries have ratified the Rome statute and are members of the ICC.

India, Russia, China, the United States, Ukraine, and Israel are not members of the ICC.

Headquarters: The Hague, Netherlands