The prosecutor of the International Criminal Court (ICC) revealed on Monday that he had formally requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his defense chief, and three Hamas leaders in connection with alleged war crimes.
ICC prosecutor Karim Khan stated in a statement that he had “reasonable grounds” to think that the five men “bear criminal responsibility” for alleged war crimes and crimes against humanity after over seven months of conflict in Gaza.
What’s Coming Up at ICC?
A pre-trial chamber receives the request from Prosecutor Karim Khan. The chamber will be composed of Romanian presiding judge Iulia Motoc, Mexican judge Maria del Socorro Flores Liera, and Benin judge Reine Alapini-Gansou.
Judges are subject to no deadline for determining whether to issue arrest warrants.
If the judges find “reasonable grounds” for war crimes or crimes against humanity, they will issue an arrest warrant. The warrant must identify the person, list the crimes, and provide a statement of facts.
Judges have the ability to modify arrest warrant requests and approve only a portion of the prosecutor’s request. Additionally, charges may be modified and revised at a later date.
Is It Feasible to Make Arrest?
Due to the ICC’s founding Rome statute and jurisprudence from earlier cases involving arrest warrants against sitting heads of state, the 124 ICC signatory states are required to arrest and surrender any individual subject to an ICC arrest warrant if they enter their territory.
But the court can’t enforce an arrest. A refusal to be arrested results in a referral to the ICC’s assembly of member states and the UN Security Council.
What is the ICC?
- In 2002, the International Criminal Court was established to prosecute war crimes, crimes against humanity, genocide, and the crime of aggression when member states are unwilling or unable to do so internally.
- The court has the authority to prosecute crimes committed by nationals of member states or by other actors on the territory of member states. A total of 124 member states comprise this organization. The proposal suggests allocating approximately 187 million euros for 2024.
- The ICC is currently conducting 17 investigations, which span from Ukraine and African states such as Uganda, the Democratic Republic of Congo, and Kenya to Venezuela in Latin America and Asian nations such as Myanmar and the Philippines, as listed on its website.
- The court has heard 31 cases thus far, with some involving multiple suspects. More than 40 arrest warrants have been issued by ICC judges.
- Twenty-one people have appeared in court from the ICC detention center. At least 17 are missing. Death-related charges against seven people have been dropped. 10 convictions and four acquittals have been handed down.
- Five of those 10 convictions were for war crimes and crimes against humanity, while the others were for witness tampering. Five African militia leaders from the Democratic Republic of Congo, Mali, and Uganda were convicted. Prison terms range from 9 to 30 years. The maximum prison term is life imprisonment.
- Russian President Vladimir Putin is a prominent fugitive, accused of the war crime of illegally deporting hundreds of children from Ukraine. In March 2023, the ICC issued an arrest warrant for Putin. Moscow has consistently refuted allegations that its forces have engaged in atrocities during its invasion of its neighbor.
- Despite Israel’s non-membership and lack of recognition of the court’s jurisdiction, the ICC admitted the Palestinian territories as a member state in 2015. The ICC initiated an official investigation in 2021 into allegations of war crimes and crimes against humanity committed in the occupied Palestinian territories. Last October, Karim Khan, the prosecutor of the Court, declared that the court had jurisdiction over any potential war crimes committed by Hamas fighters in Israel and Israelis in the Gaza Strip.
- Despite the fact that the court is supported by the European Union and numerous United Nations members, the United States, China, and Russia are not members, citing concerns that the ICC could be exploited for politically motivated prosecutions.
Both Israeli and Hamas leaders have denied allegations of war crimes, and representatives of both sides have criticized Khan’s decision.
