Yedioth Ahronoth newspaper posed several questions on its website regarding the intention of the Prosecutor of the International Criminal Court to issue arrest warrants against a number of leaders of Israel and the Islamic Resistance Movement (Hamas) on charges of committing “war crimes.”
In an analytical article by its political correspondent Itamar Eichner, the newspaper wondered what would happen next, whether there was such a precedent, and why the senior leaders of the Israeli army remained outside the circle of indictment.
The Prosecutor of the International Criminal Court, Karim Khan, announced on Monday that he had requested the issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Galant, for committing “war crimes and crimes against humanity.”
The request also included 3 Hamas leaders: Muhammad Al-Deif, the commander-in-chief of the Al-Qassam Brigades, the movement’s military wing, the head of its political office, Ismail Haniyeh, and its head in Gaza, Yahya Al-Sinwar, on charges of committing “war crimes and crimes against humanity.”
Decline in status
According to the article, Karim Khan’s request shows that Israel’s standing on the international scene has declined to the lowest level in its history. “Israeli leaders have always believed that they could not be touched, but this is no longer the case.”
Because the request did not include the foreign minister of the occupying state, Yisrael Katz, for example, and was limited to Gallant and not other ministers, Eichner responds by saying that the latter is one of the members of the mini-war cabinet, and therefore he is responsible.
Regarding the possibility of the International Criminal Pre-Trial Chamber approving the request of its prosecutor, the newspaper’s correspondent says that it is difficult to believe that the Chamber will not issue an arrest warrant for Gallant, but it must link Netanyahu with his defense minister, “as they are both accused of the same crime, and there is a possibility that one of them will implicate the other.”
Does this mean that Netanyahu and Gallant will not be able to travel abroad once arrest warrants are issued against them?
Eichner responds to this question in the affirmative, expecting that no European country is willing to invite them so as not to fall into the dilemma of having to hand them over to the International Criminal Court.
Regarding the possibility of canceling the arrest warrants, the Israeli newspaper believes that it is difficult to cancel them, although it is unlikely that Israel will cooperate with the court.
to late
The newspaper’s correspondent rules out that the Criminal Court will be exposed to international political pressure, claiming that it is too late for that, as the situation has passed the stage of political pressure and it is no longer possible to influence the Public Prosecutor.
The newspaper also wonders: How can the Public Prosecutor equate Sinwar, Netanyahu, and Gallant?
Eichner answers this by saying that Karim Khan does not equate the parties to the case, but rather investigates them and makes his observations about the crimes they committed.
But the writer fears that there will be additional legal repercussions affecting Israel, adding that international organizations and non-governmental organizations may incite lawsuits against Israel in foreign courts.
Regarding whether there are precedents for arrest warrants issued against foreign leaders, the newspaper reported that, in 2014, the International Criminal Prosecution had issued orders to arrest the Kenyan president at the time, Uhuru Kenyatta, on charges of planning and carrying out ethnic cleansing after the 2007 presidential elections.
As for the reason why the Public Prosecutor did not request the issuance of warrants to arrest those who are directing the war in Gaza, the Chief of Staff of the Israeli Army or the Commander of the Southern Command, the newspaper believes that both military commanders are implementers and not decision makers, and the court is concerned with those who gave the orders, not those who implemented them.
Regarding the reason that prompted the Public Prosecutor to submit a public and not a secret request to issue arrest warrants, Eichner said that the secret request would make him lose control of the process, and would allow the judges to issue arrest warrants against Netanyahu first and not against Sinwar, which would cause a severe crisis between the International Criminal Court and the Americans.