The International Criminal Court (ICC) in The Hague is considering issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu's government and top Hamas leaders as their six-month conflict continues.
Foreign observers believe that the ICC will charge the Israeli government with preventing the delivery of humanitarian aid to Gaza and responding excessively harshly to Hamas' terror attack on Oct. 7, 2023.
The New York Times, which broke the story, spoke to Israeli and foreign officials. One of the officials admitted that if the ICC issues any warrants, it would be seen as a “humbling moral rebuke” by a significant part of the international community. The possibility of the ICC taking such action has likely influenced the recent decision-making of the Israeli authorities.
In addition, sanctions would make international travel difficult for Israeli officials. Hamas may also be subject to penalties. It is unclear who from Hamas would be charged or what crimes they would be accused of:
The Israeli and foreign officials said they didn't know what stage the process was in. Any warrants would require approval from a panel of judges and would not necessarily result in a trial or even the targets' immediate arrest.
Karim Khan, the court's chief prosecutor, has previously confirmed that his team is investigating incidents during the war, but his office declined to comment for this article, saying that it does not “respond to speculation in media reports.”
Mr. Netanyahu's office also would not comment, but on Friday the prime minister said on social media that any intervention by the I.C.C. “would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression.”
Mr. Netanyahu did not explain what prompted his statement, though he may have been responding to speculation about the arrest warrants in the Israeli press.
Saudi media is reporting that the Israeli government asked the United States to sanction the ICC if any warrants are issued. The Hague-based tribunal has been targeted by Washington before.
In 2020, then-U.S. Secretary of State Mike Pompeo imposed sanctions on ICC prosecutor Fatou Bensouda and her senior aide, Phakiso Mochochoko, in retaliation for investigating U.S. actions in Afghanistan.
On Sunday, the Israeli Foreign Minister, Israel Katz, took a defiant stance by declaring: “We expect the court to refrain from issuing arrest warrants against senior Israeli political and security officials.”
“We will not bow our heads or be deterred and will continue to fight,” he added.
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