The International Criminal Court (ICC) has formally issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas military chief Mohammed Deif for war crimes and crimes against humanity.
The arrest warrants do not guarantee that the men will be tried at The Hague, the Dutch city where the ICC is located. Nor do they guarantee any of them will even be arrested, though some countries have announced they would comply with the warrants.
However, they do make life more complicated for Gallant and Netanyahu in particular. (It’s unclear whether Deif is currently alive.) Both Israelis will find it more difficult to travel abroad, as signatories to the treaty that created the ICC are obligated to arrest and turn over those accused of crimes. That means "there are now 124 countries" — all signatories — "where they would be unwise to travel," said Adil Haque, a law professor at Rutgers University.
The warrants will likely be a complicating factor for some of Israel’s allies. Some have domestic laws prohibiting the transfer of weapons to nations that might use them to commit atrocity crimes. Others may find the warrants put a strain on diplomatic relationships.
The warrants accuse Gallant and Netanyahu of violating the laws of international armed conflict by intentionally depriving civilians in Gaza of "food, water, and medicine and medical supplies, as well as fuel and electricity" by consistently blocking humanitarian aid into Gaza. They also accuse both men of intentionally directing attacks against civilians in Gaza in at least two instances. Deif is also accused of war crimes and crimes against humanity, including murder, torture, and sexual violence.
Are Benjamin Netanyahu and Yoav Gallant actually going to be arrested by the ICC?
Netanyahu and Gallant are in no danger of an immediate arrest. Israel is not a signatory to the ICC, meaning it doesn’t recognize the Court’s jurisdiction in its territory. The US — Israel’s closest and most powerful ally — isn’t a signatory either, and in the past has even sanctioned ICC officials attempting to investigate war crimes committed by the CIA and US military personnel in Afghanistan.
That means Israeli law enforcement isn’t obligated to arrest Netanyahu or Gallant, and the US is highly unlikely to pressure either man to turn himself in.
The Warrants Could Have Other Consequences
Although Netanyahu and Gallant are reasonably safe from arrest, the warrants could have diplomatic and military consequences for Israel, especially in Europe.
"I think that even Israel’s allies who are ICC member states will face internal domestic pressure to cut off diplomatic contacts with Netanyahu," Haque said. For example, "not only can he not travel to Germany, I also would be surprised if [German leaders] will fly to Israel and be photographed with him shaking hands and whatnot, or even to talk to him electronically, just because within their country, they’re going to get a lot of domestic pushback."
The warrants already seem to have diplomatic consequences: The Dutch foreign minister has postponed a planned visit to Israel following the Netherlands’ announcement that it would comply with the arrest warrant.
Conclusion
The warrants against Netanyahu and Gallant will likely have far-reaching consequences, even if they never end up in The Hague. As Kelebogile Zvobgo, professor of government at the College of William & Mary, pointed out, "even if Netanyahu never steps on Dutch soil, never stands trial at the ICC, he will forever be someone who has been charged with atrocities." And the charges won’t go away once the war ends, Zvobgo added: "There is no statute of limitations on atrocity crimes."
FAQs
Q: What are the consequences of the ICC arrest warrants for Netanyahu and Gallant?
A: The warrants will make it more difficult for them to travel abroad, as signatories to the treaty are obligated to arrest and turn over those accused of crimes. They may also face diplomatic consequences, such as pressure from ICC member states to cut off diplomatic contacts.
Q: Will Netanyahu and Gallant actually be arrested?
A: They are not in danger of immediate arrest, as Israel is not a signatory to the ICC and the US is unlikely to pressure them to turn themselves in.
Q: What are the allegations against Netanyahu and Gallant?
A: The ICC accuses them of violating international law by blocking humanitarian aid to Gaza and intentionally directing attacks against civilians in Gaza.
Q: What are the next steps in the process?
A: The ICC will need to gather evidence connecting the men to the specific alleged crimes, a process that is complex and may take time. If the evidence is strong, the ICC may issue a trial date for the men.