09/12/2024
Netanyahu Calls the ICC Arrest Warrant Antisemitic. Palestinians Say It’s Accountability
By Johnson Santos
After almost five years since an investigation commenced, the International Criminal Court (ICC) has finally issued an arrest warrant against Israel Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for charges of murder, persecution, and other inhumane acts against Palestinians in Gaza.
On Nov. 21, the judges of the Preliminary Chamber I granted the petition of ICC Chief Prosecutor Karim Khan for Netanyahu and Gallant’s arrests. Khan also requested that three of Hamas’ leaders be arrested before the petition was halted, save for one, as the prosecutor gathers more evidence following reports of their recent deaths while engaged in the ongoing conflict.
“The Chamber found that there are reasonable grounds to believe that the lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration,” the ICC chamber penned in their decision.
This marks a dramatic development in Israel’s history and the struggle of Palestinians to return to their homes. But for Netanyahu and his cohorts, the law is closing in.
LOSING GROUND
Unsurprisingly, the United States rejected the call for Netanyahu’s arrest, being one of the Zionist government’s primary allies and financier in the decades-long genocide against Palestinians. In a statement, outgoing U.S. President Joe Biden questioned the basis of the ICC’s decision, calling the warrants “threats to Israel’s security.”
But the US appears to be the only remaining major friend of Israel as other countries—even in the West—expressed their decision to uphold the arrest warrants. For one, the United Kingdom, which earlier supported Israel in their occupation of Palestinian lands, said that Netanyahu will face arrest should he set foot within their domains.
As of writing, 33 states and international bodies, including the European Union, said that they will arrest Netanyahu and Gallant. However, calls for all 125 countries signatory to the Rome Statute, which established the ICC, are currently ongoing, and Netanyahu will have to be careful in his travels to avoid arrest.
The Philippines’ Permanent Mission to the United Nations supported the observance of the International Day of Solidarity with the Palestinian People. President Ferdinand Marcos Jr., meanwhile, has not released any opinion on the matter but released a statement of solidarity with the Palestinian people on Nov. 27.
However, he did not condemn Israel’s hand in the ongoing genocide and has been continuously accepting Israeli envoys to Malacañang. Experts called Marcos’ position a “balancing act” of the administration to avoid cutting diplomatic ties.
COURT FILIBUSTERING
Khan inherited this case from his predecessor Fatou Bensouda, who has been investigating possible war crimes in Gaza since 2019. The petition for a warrant was filed in May after his office deemed that they had collected enough evidence to move to a possible trial. The Prosecutor alleges that Netanyahu and Gallant weaponized starvation against Palestinians to gain more leverage.
For 16 years, a blockade was established to isolate Palestinians in the Gaza Strip, essentially creating an open prison. Inside, citizens are forced to live in packed communities, a strategic situation for the Israel Defense Forces to bomb Gaza.
However, the court failed to act upon it expeditiously as the deciding panel had to reshuffle due to personal reasons.
Israel also filed multiple pleadings to the court, saying that the ICC has no jurisdiction over them as they are not a signatory to the Rome Statute. This move further delayed the rendering of a decision and eventually pushed the release of the warrant to late November.
The Zionist regime also questioned the impartiality of one of the three judges on the panel: Slovenian ICC Judge Beti Hohler, who previously worked in the Office of the Prosecutor before being elected as judge.
In a statement, Israel’s attorney general said that Hohler’s previous employment “gives rise to a reasonable apprehension of bias.” Netanyahu published a video statement on X to express his “disgust” of the ICC’s decision and called the arrest warrants “antisemitic” hatred against the Zionist state.
Besides the White House, other US officials also rejected the possible incarceration of Netanyahu. In a recent move, the US Senate is looking into crafting a bipartisan resolution to sanction ICC officials for their decision.
But the ICC did not back down. Without naming a specific rationale, the court’s presidency released a statement against the intimidations they have been receiving.
“The Presidency of the Court notes with great concern the recent issuance of arrest warrants aimed at threatening the liberty and integrity of two Judges for the mere fact that they have performed their duties under the Statute. These actions have been taken in addition to similar measures against other elected officials of the Court,” they wrote.
THE WAITING GAME
The arrest warrant against Netanyahu and Gallant marks a dramatic turn in international law. Historically supported by the Western authorities, this is the first time that an Israeli official is expected to be tried in an international tribunal for war crimes.
But in the long history of ICC and thousands of petitions for possible war crimes submitted before it, only nine individuals have ever been convicted while the rest remain as fugitives. Without police power to enforce the warrants, the ICC will have to rely on state parties to detain and extradite the two to The Hague, where they will face trial.
Still, Palestinians, its standing authority—the State of Palestine—and human rights groups are hoping for a trial to begin as casualties continue to rise in the occupied areas. A trial will also break the confidence of the Zionist regime in their reliance of foreign aid for armaments.
As of writing, the death toll has surpassed 44,000 in Gaza, including more than 17,000 children. The casualties in the occupied West Bank, meanwhile, is at 796 and 6,250 individuals are injured.
Now that Netanyahu and Gallant are international fugitives, the law is closing in on the Zionist occupation of Palestine, hopefully ending the long history of this humanitarian crisis. ●
