What does ICC ruling mean for Benjamin Netanyahu?

The criminal court has issued arrest warrants for the Israeli PM and former defence minister for war crimes in Gaza, but the success of this action partly depends on whether its 124 member states – not inclusive of Israel or the US – enforce them.

Both Benjamin Netanyahu and Yoav Gallant could be arrested if they choose to visit a country that has signed the Rome Statute, although Russian President Vladimir Putin escaped such a fate in Mongolia in September. Picture: Amir Cohen/Reuters

The International Criminal Court has issued arrest warrants for Benjamin Netanyahu and Yoav Gallant, but what are the implications for the Israeli prime minister and former defence minister?

Are they prevented from travelling abroad?

Signatories to the Rome Statute, the treaty that established the ICC, are under a technical obligation to co-operate with it, so in principle the two Israelis might be advised to limit their travel.

Some of the 124 signatory states might be more keen to perform an arrest than others. Caspar Veldkamp, the Dutch foreign minister, has made it clear that Netanyahu would be arrested if he were to set foot on Dutch soil, saying: “When it comes to arrest warrants, it is clear: we execute an arrest warrant.”

The UK government, however, as one of the courts’ prominent member states, would be in a difficult position if Netanyahu suggested that he wanted to pay a visit. The prime minister’s official spokesman noted on Thursday that No 10’s position had not changed since Richard Hermer, the attorney-general, said last month that the government would comply with its legal obligations under the ICC.

His future travel to the US, and indeed Russia, would be unaffected, as they are not signatories.

Has anyone ever flouted an ICC arrest warrant?

Very much so – in September, President Vladimir Putin travelled freely to Mongolia despite the ICC having issued a warrant for the Russian president’s arrest last year.

The court has accused Putin and Maria Lvova-Belova, the Russian commissioner for children’s rights, of war crimes, crimes against humanity and genocide. Ironically, Erdenebalsuren Damdin, a judge on the ICC, is from Mongolia.

What are the origins of the ICC?

Based in The Hague in the Netherlands, the court was created by the 1998 Rome Statue, which came into force four years later.

It is independent of the United Nations, being funded instead by the 124 states that have signed the statute. The UK and most EU countries are signatories; the US and Russia and are not and neither is Israel. However, in 2015, the Palestinian territories were admitted as a “member state”.

The ICC, based in The Hague, is funded by the 124 states that have signed the 1998 Rome Statue. Picture: Laurens van Putten / ANP / AFP

What are the court’s powers?

The 18 judges have jurisdiction over what the court describes as “the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity and war crimes…”. As of 2018, the crime of aggression was added to that list. Crucially, the court can exercise its jurisdiction only if alleged crimes were committed on the territory of a member state or by one of its nationals.

Who are the judges?

The court is led by its Japanese president, Tomoka Akane. She is supported by a first vice-president, Rosario Salvatore Aitala from Italy, and a second vice-president, Reine Alapini-Gansou from Benin.

The British judge is Joanna Korner, 73, a former lawyer at the court, who was involved in prosecuting at the international criminal tribunal for the former Yugoslavia.

Other countries represented on the bench include France, Romania, Canada and South Korea.

Is the court viewed as being successful?

Not very, say some critics. Two years ago, a law academic at the University of Pennsylvania noted in a paper that “of the thousands of potential cases that could have been investigated” by the ICC, “only 44 individuals have been indicted”. That paper added that by 2022 only 14 had resulted in a complete proceeding – with nine convictions.

Others, such as the EU, are more complimentary. That same year, Brussels said that during the court’s two decades it had “sentenced individuals who were found guilty of sexual violence, illegal recruitment of child soldiers and destruction of cultural heritage”.

It went on to praise the court for having “proved to be a key instrument in fighting against impunity, ensuring fair trials and providing justice to victims, and preventing and deterring future crimes”.

How has the international community reacted?

The US: ‘Fundamentally rejects’

The United States “fundamentally rejects” the ICC’s decision and “we remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision”, said a National Security Council spokesperson.

“The United States has been clear that the ICC does not have jurisdiction over this matter.”

Argentina: ‘Deep disagreement’

Argentina “declares its deep disagreement” with the decision, which “ignores Israel’s legitimate right to self-defence against the constant attacks by terrorist organisations like Hamas and Hezbollah,” President Javier Milei posted on X.

Hamas: ‘Justice’

“(It’s) an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” Hamas political bureau member Bassem Naim said.

European Union: ‘Binding’

“It is not a political decision,” said EU foreign policy chief Josep Borrell, speaking during a visit to Jordan.

“It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented.”

Israeli victims: ‘Significant’

“This arrest warrant against Mr Deif is massively significant,” said Yael Vias Gvirsman, who represents 300 Israeli victims of the October 7 Hamas attacks.

“It means these victims’ voices are being heard,” she added, speaking from outside the court in The Hague.

Palestinian Authority: ‘Sign of hope’

The Palestinian Authority, a rival of Hamas, said “the ICC’s decision represents hope and confidence in international law and its institutions”.

It urged ICC members to enforce “a policy of severing contact and meetings’ with Netanyahu and Gallant.

Amnesty International: ‘Wanted man’

“Prime Minister Netanyahu is now officially a wanted man,” said Amnesty’s Secretary General Agnes Callamard.

“ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges.”

Human Rights Watch: not ‘beyond’ the law

“The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law.”

Turkey: ‘Positive decision’

The ICC’s decision “is a belated but positive decision to stop the bloodshed and put an end to the genocide in Palestine,” Turkish Justice Minister Yilmaz Tunc said on X.

Foreign Minister Hakan Fidan welcomed the warrants as “an extremely important step”.

Italy: ‘Will evaluate’

Italian Defence Minister Guido Crosetto said his country would be obliged to arrest Netanyahu and Gallant if they visited, although he added he believed the ICC was “wrong” to put Netanyahu on the same level as Hamas.

Spain: ‘Respects the decision’

Spain said it would follow the ruling, with official sources telling AFP the country “respects the decision and will conform to its commitments and obligations in compliance with the Rome Statute and international law”.

Norway: ‘Confidence’

“It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards,” Foreign Minister Espen Barth Eide said.

Sweden: ‘Independence and integrity’

“Sweden and the EU support the important work of the court and safeguard its independence and integrity,” Foreign Minister Maria Malmer Stenergard said.

With AFP