WANA (Nov 21) – Although Israel and its main ally, the United States, are not members of the International Criminal Court (ICC), the arrest warrant issued for Israeli Prime Minister Benjamin Netanyahu could have significant political, legal, and military implications.

 

The ICC’s decision, following a year of inaction and weakened international legal and political institutions due to American-Israeli lobbying pressure, is noteworthy. It could revive legal processes and strengthen institutional credibility.

 

The ICC accuses Netanyahu and Yoav Gallant of war crimes, genocide, crimes against humanity, and aggression. The recent ruling also highlights the use of starvation as a weapon. This documentation of genocide in Gaza may serve as a future basis for seeking justice for the region’s people.

Symbolic shrouds of Gaza children's dead bodies are seen during an anti-Israel protest in Tehran/WANA (West Asia News Agency)

Symbolic shrouds of Gaza children’s dead bodies are seen during an anti-Israel protest in Tehran, Iran, November 18, 2023. Majid Asgaripour/WANA (West Asia News Agency)

The ruling is so significant that Netanyahu condemned ICC Prosecutor Karim Khan’s decision, calling it disgraceful and anti-Semitic.

 

Yoav Gallant, Israel’s former Defense Minister, responded to the arrest warrant by claiming: “Attempts to undermine Israel’s right to achieve its objectives in war will fail. The ICC’s decision sets a dangerous precedent against the right to self-defense. This move equates Israel with Hamas leaders.”

 

In the U.S., President Joe Biden and the White House expressed opposition to the ruling, reiterating support for Israel’s right to defend itself against Hamas. Senator Lindsey Graham also criticized the ICC, labeling it “irresponsible and corrupt,” and called for sanctions against the court.

While U.S. support for Israel presents challenges to the warrant’s enforcement, Western countries bound by ICC obligations must comply. This would limit Netanyahu’s international travel options significantly.

 

The ruling may influence ceasefire efforts in Gaza and Lebanon, complicating Netanyahu’s strategy of using war to cling to power and weakening his position against domestic critics. Internal calls for his removal are also expected to intensify.

 

In Europe, the ruling has triggered varied reactions. Josep Borrell, the EU’s foreign policy chief, emphasized the apolitical nature of the decision, urging respect for it. France’s Foreign Ministry announced that its response would align with ICC principles. Both the Netherlands and Belgium stated they would arrest Netanyahu if he enters their territories.

 

South Africa welcomed the ruling as a step toward justice for Palestinians.

 

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Abdullah Hammoud, mayor of Dearborn, Michigan, declared that the city is ready to enforce the warrant. He stated on social media:
“Dearborn will detain Netanyahu and Gallant if they enter the city. Other cities should adopt similar stances. While our President may not act, city leaders can ensure that Netanyahu and other war criminals do not travel freely across the U.S.”

 

Despite widespread international support for the ruling, enforcing it remains challenging. According to the Financial Times, Netanyahu faces arrest risks in 124 countries, effectively isolating him on the global stage and impacting both Israel’s domestic and foreign policies.

Iranians step on an Israeli flag and a banner with pictures of U.S. President Joe Biden and Israel's Prime Minister Benjamin Netanyahu and former U.S. President Donald Trump, during the 45th anniversary of the U.S. expulsion from Iran

Iranians step on an Israeli flag and a banner with pictures of U.S. President Joe Biden and Israel’s Prime Minister Benjamin Netanyahu and former U.S. President Donald Trump, during the 45th anniversary of the U.S. expulsion from Iran, in Tehran, Iran November 3, 2024. Majid Asgaripour/WANA (West Asia News Agency)

The ruling has intensified pressure on Netanyahu within Israel. His opponents, including former Prime Minister Yair Lapid, called the decision “a reward for terrorism,” while former Defense Minister Benny Gantz labeled it “a historic disgrace.” This ruling directly challenges Netanyahu’s attempts to exploit military crises as a tool to maintain power.

 

Israel Katz, Minister of Defense, accused the ICC of anti-Semitism, asserting that the decision serves “the head of the snake, namely the Iranian regime.” Netanyahu also described the ruling as “shameful and anti-Semitic.”

 

This ICC decision, following years of institutional erosion under Israeli-American lobbying, signals a potential return to justice principles. Despite formidable obstacles to its enforcement, the message is clear: the era of impunity for leaders accused of war crimes is nearing its end.