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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.
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What is the FNC?
The Federal National Council is one of five federal authorities established by the UAE constitution. It held its first session on December 2, 1972, a year to the day after Federation.
It has 40 members, eight of whom are women. The members represent the UAE population through each of the emirates. Abu Dhabi and Dubai have eight members each, Sharjah and Ras al Khaimah six, and Ajman, Fujairah and Umm Al Quwain have four.
They bring Emirati issues to the council for debate and put those concerns to ministers summoned for questioning.
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Treaty of Friendship between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates
The United kingdom of Great Britain and Northern Ireland and the United Arab Emirates; Considering that the United Arab Emirates has assumed full responsibility as a sovereign and independent State; Determined that the long-standing and traditional relations of close friendship and cooperation between their peoples shall continue; Desiring to give expression to this intention in the form of a Treaty Friendship; Have agreed as follows:
ARTICLE 1 The relations between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates shall be governed by a spirit of close friendship. In recognition of this, the Contracting Parties, conscious of their common interest in the peace and stability of the region, shall: (a) consult together on matters of mutual concern in time of need; (b) settle all their disputes by peaceful means in conformity with the provisions of the Charter of the United Nations.
ARTICLE 2 The Contracting Parties shall encourage education, scientific and cultural cooperation between the two States in accordance with arrangements to be agreed. Such arrangements shall cover among other things: (a) the promotion of mutual understanding of their respective cultures, civilisations and languages, the promotion of contacts among professional bodies, universities and cultural institutions; (c) the encouragement of technical, scientific and cultural exchanges.
ARTICLE 3 The Contracting Parties shall maintain the close relationship already existing between them in the field of trade and commerce. Representatives of the Contracting Parties shall meet from time to time to consider means by which such relations can be further developed and strengthened, including the possibility of concluding treaties or agreements on matters of mutual concern.
ARTICLE 4 This Treaty shall enter into force on today’s date and shall remain in force for a period of ten years. Unless twelve months before the expiry of the said period of ten years either Contracting Party shall have given notice to the other of its intention to terminate the Treaty, this Treaty shall remain in force thereafter until the expiry of twelve months from the date on which notice of such intention is given.
IN WITNESS WHEREOF the undersigned have signed this Treaty.
DONE in duplicate at Dubai the second day of December 1971AD, corresponding to the fifteenth day of Shawwal 1391H, in the English and Arabic languages, both texts being equally authoritative.
Signed
Geoffrey Arthur Sheikh Zayed
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