Israeli and foreign officials believe that the International Criminal Court is preparing to issue arrest warrants for senior government officials related to the conflict with Hamas. They also suspect that leaders from Hamas could face arrest warrants from the court. The Israeli officials are concerned that Prime Minister Benjamin Netanyahu may be named in a warrant, as well as other government officials. It is unclear who from Hamas might be charged or what crimes would be cited. The possibility of arrest warrants has influenced Israeli decision-making in recent weeks, and the officials believe that the court may be preparing to take action based on incidents during the conflict.
The Israeli government is worried about the potential fallout if arrest warrants are issued by the International Criminal Court. The warrants could be seen as a moral rebuke to Israel on the international stage, as the country has faced backlash over its conduct in Gaza, including criticism from President Biden. Any warrants would need to be approved by a panel of judges and may not result in immediate arrest or trial. The Israeli officials indicated that they were uncertain about the current stage of the process. Prime Minister Netanyahu warned against the intervention of the I.C.C., stating that it could set a dangerous precedent and threaten democracies fighting terrorism.
The International Criminal Court, based in The Hague, has the power to prosecute individuals accused of war crimes, genocide, and crimes against humanity. The court relies on its member countries to enforce arrest warrants, as it does not have its own police force. Warrants issued by the court could complicate travel for officials named in them. Hamas-led attacks last October resulted in casualties in Israel, leading to a subsequent war in Gaza that caused significant damage and loss of life. The I.C.C. has already been investigating allegations of war crimes during the previous conflict between Israel and Hamas in 2014.
Mr. Karim Khan, the court’s chief prosecutor, has confirmed that incidents since October 7 are under investigation. The court’s focus on individuals, rather than states, sets it apart from the International Court of Justice, which handles disputes between countries. If arrest warrants are issued, those named could face stigmatization similar to other world leaders accused of crimes. The I.C.C.’s investigation and potential arrest warrants could impact Israeli policies as the country continues to press its military campaign against Hamas. Both Hamas and the Israeli military have not responded to requests for comment, and the office of the Israeli defense minister declined to comment.
Israel insists that it adheres to the laws of war and takes measures to protect civilians, attributing civilian casualties to Hamas hiding among civilian populations. Hamas denies committing atrocities during the conflict and claims to have tried to avoid harming civilians, despite evidence to the contrary. The Israeli officials are concerned about the potential impact of arrest warrants from the International Criminal Court on the ongoing conflict with Hamas and the country’s international reputation. The court remains silent concerning speculation about potential arrest warrants, leaving uncertainty about the situation.
