After the Prosecutor of the International Criminal Court, Karim Khan, announced the submission of requests to the court to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Galant on charges of committing war crimes in the Gaza Strip, many questions arise about what will come after this step and what will be its consequences? .
Below is a look at the actions the court will take after the request is issued, and the extent to which the Attorney General’s move will impact diplomatic relations and other judicial matters focused on Gaza.
What are the next steps and time frame?
Prosecutor Karim Khan’s request goes to Pre-Trial Chamber I of the International Criminal Court. The chamber is expected to consist of three judges; The President of the Court, Romanian Judge Iulia Mutuc, Mexican Judge Maria del Socorro Flores Liera, and Judge Reine Alabini Ganso from Benin.
There is no deadline for judges to decide on the issue of issuing arrest warrants. In previous cases, it took judges between a month and a few months.
If the judges agree that there are “reasonable grounds” to believe that war crimes or crimes against humanity have been committed, they will issue an arrest warrant.
The warrant must name the person and the specific crimes for which the arrest is sought and state the facts that allegedly constitute those crimes.
Judges can amend arrest warrant requests and approve only parts of what the prosecutor requests. Charges can also be modified and updated later.
Will Netanyahu and Gallant be arrested?
The Rome Statute of the International Criminal Court, in addition to legal precedents in cases involving arrest warrants against sitting heads of state, requires all 124 signatories of the ICC to arrest and extradite any individual against whom an ICC arrest warrant applies if he sets foot on their territory. .
But the court does not have any means to enforce arrest warrants. The penalty for not arresting anyone is referral to the Council of Member States of the International Criminal Court, and ultimately referral to the UN Security Council.
Can a court order be temporarily suspended?
The court’s rules allow the UN Security Council to adopt a resolution halting or postponing an investigation or trial for a year, with the possibility of renewing it indefinitely.
In previous cases in which a state ignored its obligation to arrest an individual facing an arrest warrant from the International Criminal Court, the most that state faced was reprimand.
Can Netanyahu and Gallant still travel?
Yes they can. Requesting an arrest warrant or issuing an arrest warrant from the ICC does not limit an individual’s freedom to travel.
However, once an arrest warrant is issued, those targeted by the warrants become vulnerable to possible arrest if they travel to a state that is a signatory to the ICC’s laws, which could influence the decision-making process.
There are no restrictions on political leaders, legislators or diplomats regarding access to individuals against whom arrest warrants have been issued by the International Criminal Court. But politically, such a thing might be seen as shameful.
Does Khan’s move affect other issues?
Khan’s arrest warrant request does not have a direct impact on other related issues, but it may indirectly impact.
The ICC request is a separate matter from, for example, court cases seeking an arms embargo on Israel or South Africa’s attempts at the International Court of Justice to stop the Israeli attack on Rafah.
If the judges decide that there are reasonable grounds to believe that Netanyahu and Defense Minister Yoav Gallant are committing war crimes and crimes against humanity in Gaza, this could lead to increased legal challenges, necessitating the imposition of an arms embargo elsewhere, as many countries have provisions against selling weapons to countries. Which may be used in ways that violate international humanitarian law.