ICC arrest warrants for Israel's Netanyahu and Gallant: What happens next?

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The International Criminal Court’s decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant has sparked debate over how it will affect the pair's movements outside Israel and the country's diplomatic relations. The charges put the two men in a small group of leaders accused of crimes against humanity. The ICC also issued a warrant for top Hamas official Mohammed Deif over the October 7 attacks, but Israel has claimed it killed Mr Deif in an air strike.

Here is a breakdown of the ICC’s role, the specifics of the charges, and the implications for the accused:

What are the charges?

Mr Netanyahu and Mr Gallant face allegations of war crimes and crimes against humanity. The ICC accuses them of using starvation as a method of warfare, intentionally depriving Gaza’s civilian population of essential resources, such as food, water, medicine and fuel between October 8, 2023, and May 20, 2024. The court also alleges they blocked medical supplies from reaching Gaza, causing immense suffering.

Will they face arrest abroad?

ICC member states are obligated to arrest individuals named in ICC warrants if they enter their jurisdiction. However, the ICC has no enforcement mechanism, and compliance depends on the co-operation of the states. Non-compliance usually results in diplomatic repercussions, such as a referral to the ICC’s Assembly of States Parties or the UN Security Council. Mr Netanyahu and Mr Gallant will risk arrest if they travel to an ICC member state, a prospect that may influence their travel decisions. However, political leaders, lawmakers and diplomats can still meet people subject to ICC warrants, although public perceptions of such meetings could be politically damaging for those involved.

What is the International Criminal Court?

The ICC, based at The Hague in the Netherlands, was established in 1998 under the UN's Rome Statute and began functioning in 2002. The court has jurisdiction over four categories of crimes: genocide, crimes against humanity, war crimes, and crimes of aggression. It has 124 member states, including all European Union nations, Britain, Jordan, Tunisia and Palestine. However, major powers such as the United States, Israel, China, Russia and India have not signed the Rome Statute and are not ICC members.

How will the warrants affect diplomatic relations?

While the ICC lacks direct enforcement power, its decisions can influence the policies of member states. Many countries prohibit arms sales to nations accused of violating international humanitarian law. The ICC’s findings could also strengthen related cases such as South Africa’s genocide claim against Israel at the International Court of Justice. It could also expedite cases against other Israelis accused of settler violence against Palestinians.

Why did Netanyahu label the warrant anti-Semitic?

Mr Netanyahu said the ICC judges were driven by "hatred of Israel".

"The anti-Semitic decision of the International Criminal Court is comparable to a modern-day Dreyfus trial – and it will end in the same way," he said, referring to an infamous 19th-century case in which French Jewish army captain Alfred Dreyfus was wrongly convicted of treason.

He called Israel's war in Gaza "just" and said the country "rejects with disgust the absurd and false actions and accusations made against it". He has previously accused international institutions including the UN of bias against Israel.

However, the court’s jurisdiction is based on Palestine’s membership of the ICC, which was granted in 2015. This enables the court to prosecute alleged crimes committed on Palestinian territory, irrespective of the nationality of the accused.

Have other world leaders faced ICC charges?

Russian President Vladimir Putin has been wanted by the ICC since 2023 for alleged attacks on Ukrainian civilians and the illegal deportation of Ukrainian children. Past leaders accused of crimes against humanity include Saddam Hussein of Iraq, Slobodan Milosevic of Serbia, and Idi Amin of Uganda.