Ramallah- With the International Criminal Court issuing, on Thursday, two arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant, it is the responsibility of the member states of the court to implement the warrants and arrest the two Israeli war criminals.
Although the two arrest warrants relate to war crimes in Gaza, Palestinian efforts will continue to pursue other criminals for other crimes, some of which have already been referred to court, including the settlement and prisoner cases, according to a Palestinian official.
The court said in a statement on Thursday that “there is reason to believe that Netanyahu and Gallant supervised attacks on the civilian population.”
She added that the war crimes attributed to Netanyahu and Gallant include the use of starvation as a weapon of war, and also include crimes against humanity, namely murder, persecution, and other inhumane acts.
Required results
Regarding the following procedures after the issuance of the two arrest warrants, the Palestinian Assistant Foreign Minister for United Nations Affairs and its specialized organizations, Omar Awad, told Tel Aviv Tribune Net that “the arrest warrant will be deposited in all capitals of countries, especially the member states of the International Criminal Court (…) so that if Gallant or Netanyahu arrives in these countries “He will be arrested.”
If arrest occurs, Awadallah says, “the detainee is sent to the International Criminal Court in The Hague, in order to investigate him and take the necessary measures to complete the arrest and litigation procedures and all these matters until the ruling is decided.”
The Palestinian official indicated that the effort in court will not stop at the issuance of the two arrest warrants, explaining, “We will continue the process because these are not only criminals, but there are other criminals such as (Finance Minister Bezalel) Smotrich and (National Security Minister Itamar) Ben Gvir, and the settler colonial system.” And crimes are being committed in the West Bank as well.”
He described the issuance of arrest warrants as “a step in the right direction,” adding, “But we will not stop,” and “just as arrest warrants were issued for Netanyahu and Gallant, arrest warrants must be issued against these criminals.”
Other crimes
The same speaker mentioned that among the crimes practiced are “enforced disappearance, torture, and abuse of prisoners.”
In 2018, Palestine submitted a referral request to the International Criminal Court for an Israeli crimes file that included 3 cases: settlements, prisoners, and the aggression against Gaza (2014), including violations of the border “March of Return and Breaking the Siege” that lasted from March 2018 to December. December 2019.
Awad added that the ICC member states are required to “arrest Netanyahu and Gallant if they reach their capitals, and prevent them from flying over their skies, and if they do so, force their planes to land to arrest them.”
He expressed his hope that countries would resort to a policy of “cutting off contact” with the persecuted people until they committed to international law, even if any contact with them “would be to ask them to surrender themselves to the International Criminal Court.”
He considered the issuance of the two memorandums “a pure Palestinian profit, the price of which was Palestinian blood.” Pointing out that, with the start of the aggression against Gaza, many countries referred the situation in the occupied Palestinian territory, including South Africa.
Retracements of the two notes
Regarding the repercussions of the ICC decision, the director of the Yabous Center for Studies, Suleiman Bsharat, expects a number of repercussions, some of which will be on the Palestinians and the Palestinian Authority, and some of which will be on Israel, in terms of self-confidence among its components and in terms of international standing, even among allies.
He said in his interview with Tel Aviv Tribune Net that Israel was practicing on the ground, and before the issuance of the two arrest warrants, everything that would weaken the Palestinian Authority, whether through the Knesset’s decision not to recognize the establishment of a Palestinian state or annexing areas classified as “B” (administratively affiliated with the Authority) or the continued confiscation of tax funds.
The Oslo Accords stipulate the division of the West Bank lands into 3 areas: “A” which is supposed to be under full Palestinian control, but that no longer exists after the invasion of the West Bank about two decades ago; “B” which is administratively and security-wise subject to Israel; and “C” which constitutes about 60% of the West Bank is under complete Israeli control.
He continued that Israel’s goal is to end the actual presence of the Palestinian Authority, and perhaps maintain only the administrative and service structure associated with it, in preparation for reaching the state of annexation that is awaiting official announcement.
The Palestinian analyst suggested that “Israel will use the two arrest warrants as a pretext to enhance the punishment already practiced against the Palestinians in general and the Authority in particular.”
Bisharat did not rule out that Israel would take “uncalculated steps” and “unload the pressure” that would be exerted on it by many international parties towards “doubling punitive measures against the Palestinians.”
Confidence shaken
On the international level, Bisharat expects Israel’s international standing to be shaken, especially in Europe.
Internally, he said, “Israel will be shaken from within, including trust in its basic components, between the citizen and the political level, and between the security and military institutions and the army.”
In light of the above, it is expected that the Israeli government will go in one of two directions: the first is to raise the level of propaganda discourse by playing the role of the victim and that Israel is being targeted and repeating the cycle of anti-Semitism, and the second is the practical implementation of the annexation plan and control of the West Bank, which are two options that are bitter.
In late 2014, the Palestinian President, Mahmoud Abbas, signed the Rome Charter and its annexes, related to the International Criminal Court, while the latter agreed to Palestine’s request, and has been a member since April 1, 2015.
In confirmation of the court’s jurisdiction over Palestine, its Executive Department issued in 2021 a decision granting the court’s territorial jurisdiction over the territories occupied since 1967, namely the Gaza Strip and the West Bank, including East Jerusalem.