ICC Ruling

After 14 months of slau-ghter in Gaza, the International Criminal Court (ICC) has finally issued official arrest warrants on November 21 for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military chief Mohammed Deif. They stand accused of war crimes and crimes against humanity in relation to Hamas’s October 7, 2023, attack on Israel and the ensuing Israel-Hamas war in Gaza. But this much- hyped arrest warrant means nothing if governments around the world don’t enforce it and there is not time to waste—every 30 minutes a child has been killed by Israel in Gaza. For every child maimed and murdered by Israeli missiles and snipers, for every school and aid truck bombed, for every family searching for lost ones under the rubble Israel must answer.

For Netanyahu and Gallant, the three-judge panel unanimously wrote that, ‘‘there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including, water, and medicine and medical supplies, as well as fuel and electricity”. These actions were part of a “widespread and systematic attack against the civilian population”. It’s almost a famine like situation. Israel has created a humanitarian crisis in a planned way.

As for Deif, the ICC has accused him of war crimes and crimes against humanity, including murder, hostage-taking and sexual violence. Around 100 captives are believed to still be held in Gaza. But Israeli forces said Deif was killed during an Israeli airstrike on al-Mawasi, in southern Gaza, in July that also killed more than 90 other people. The court, however, was unable to confirm his death. The Israeli response was on expected lines. Netanyahu’s office called the allegations “absurd and false”. The Israeli foreign ministry has previously accused ICC prosecutor Karim Khan’s request for warrants——and the United Nations more generally— of being anti-Semitic. In truth Israel is killing Palestinians with American weapons.

And the United States lost no time to denounce the ICC ruling and express support in no uncertain terms, for Israel’s right to defend itself. Meanwhile, Hamas officials celebrated the ICC order as revealing that “international justice is with us and against Israel”, but they failed to mention the warrant for Deif or the court’s past allegations against Sinwar and Haniyeh, though Israeli forces have since killed both militants. Netanyahu’s and Gallant’s ability to travel to countries that are party to the ICC, which are now legally required to arrest the men should they enter the country.

For over a year, most western governments have either supported Israel’s massacres or, at best, done next to nothing to stop it. With the ICC announcement the situation may change. And it already is: the Netherlands, France, Spain, Belgium and Ireland have made clear that they would enforce this warrant. The International Criminal Court has no police force of its own—so it is up to member states to enforce its warrants.

Netanyahu now joins a small handful of world leaders sought for arrest by the ICC. Most recently, the court issued an arrest warrant for Russian President Vladimir Putin in March 2023 for Moscow’s alleged kidnapping and relocation of Ukrainian children. Late Libyan leader Muammar al-Qaddafi and ousted Ivorian President Laurent Gbagbo also faced arrest warrants for crimes against humanity for actions during their reigns.

With hope and an unwavering commitment to justice and freedom in Palestine peace-loving people around the world are hailing the ICC decision.

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Frontier
Vol 57, No. 24, Dec 8 - 14, 2024