The Prosecutor of the International Criminal Court, Karim Khan, took a major step when he requested the issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Galant, in addition to leaders from the Islamic Resistance Movement (Hamas).
But, what does this mean in practical terms? What are the chances of these people being tried in The Hague?
Khan brought charges of war crimes and crimes against humanity, including “starvation,” “premeditated murder,” “extermination and/or murder,” against Netanyahu and Gallant.
Khan also requested the issuance of arrest warrants against 3 senior Hamas leaders: the head of the Islamic Resistance Movement (Hamas) in Gaza, Yahya Al-Sinwar, the commander-in-chief of the Izz al-Din al-Qassam Brigades, Muhammad al-Deif, and the head of the Hamas Political Bureau, Ismail Haniyeh, on charges of “genocide,” “rape,” and “ Sexual violence and hostage taking.
Regarding the request related to Israeli officials, which was denounced by Israel and its allies, Eva Vukosic, an assistant professor at the Dutch University of Utrecht, pointed out that it is “the first time that a friend of the West finds himself in this situation.”
Kira Weegaard, a researcher in international law at the Belgian University of Louvain, confirmed that “the current impact is already tangible, as many countries have issued statements expressing their support or opposition to the Public Prosecutor’s announcement,” explaining that “the real impact will not be achieved except when the Pre-Trial Chamber decides to issue arrest warrants.” .
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What’s next?
The application has now been referred to a panel of three judges to decide whether the evidence meets the criteria required to issue arrest warrants. Such a decision generally takes at least a month and perhaps longer given the sensitivity of the matter.
Vukosic indicated that the arrest warrants were issued based on “valid reasons,” but, according to the researcher, they are “very weak.”
She stressed that she is waiting for the Public Prosecutor to pass this hurdle, as prosecutors are not stupid, adding that they have certainly made the file secure, otherwise this will constitute a great embarrassment to the Public Prosecutor’s Office.
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Arrest warrants
The International Criminal Court does not have its own police to implement its orders, and if its judges decide to issue these arrest warrants, this does not mean, in theory, that any of the 124 member states of this judicial body are obligated to arrest them if they visit its territory.
Member states rarely implement arrest warrants, especially when it comes to a head of state. For example, former Sudanese President Omar al-Bashir was able to visit a number of member states of the International Criminal Court – including South Africa and Jordan – even though the court had issued an arrest warrant. Against him, and despite his overthrow in 2019, Sudan did not hand him over.
Russian President Vladimir Putin – against whom the International Criminal Court issued an arrest warrant – visited abroad, especially to Kyrgyzstan, Saudi Arabia and the Emirates, which are not members of this court.
But Putin avoided attending the BRICS (Brazil, Russia, India, China and South Africa) meeting in Johannesburg, which had to implement the resolution.
Israel, like the United States and China, is not a member of the International Criminal Court.
Vukosic indicated that it would be difficult for the targeted individuals to travel to one of the European Union countries.
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Have leaders ever been convicted?
Many political and military leaders have been tried for war crimes and crimes against humanity. In 2012, the International Criminal Court convicted former Liberian President Charles Taylor of war crimes and crimes against humanity.
Former Yugoslav President Slobodan Milosevic died in his prison cell in The Hague in 2006 while on trial for genocide at the Yugoslav War Crimes Tribunal.
Former Republika Srpska President Radovan Karadzic was arrested in 2008 and convicted of genocide, while his military commander, Ratko Mladic, was imprisoned in 2011 and sentenced to life imprisonment.
Vukosic stressed that “the legal procedures are long, and things that are not possible today may become possible in the future.”
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Are there other options?
The ICC cannot try suspects in absentia, but it has other means of moving some cases forward.
The leader of the Lord’s Resistance Army, Joseph Kony, who launched a bloody rebellion in Uganda, has been at large for 20 years.
In a precedent, the court – which was established in 2002 to judge the worst atrocities committed in the world – announced last March that it would hold a hearing in absentia next October, to approve the charges against Kony (62 years old), who is suspected of committing war crimes. and crimes against humanity unless he appears before the court on that date.