About three weeks ago, it was reported that the International Criminal Court would issue an arrest warrant for Israeli leaders. After American and Israeli leaders condemned this rumor in succession, the outside world has been waiting for the next action of the International Criminal Court.
According to the Xinhua News Agency, on May 20 local time, the Prosecutor of the International Criminal Court, Karim Khan, issued a statement saying that he was applying to the International Criminal Court for an arrest warrant for two senior Israeli government officials, including Israeli Prime Minister Benjamin Netanyahu, and three leaders of the Palestinian Islamic Resistance Movement (Hamas).
Next, the judges of the International Criminal Court will decide whether there is sufficient evidence to support the issuance of an arrest warrant. Some Israeli media pointed out that this is an unprecedented and highly controversial development.
"A symbolic blow"
Specifically, the senior Israeli officials on Karim Khan's list of arrest warrants are Netanyahu and the Israeli Defense Minister Garrant. Karim Khan said that "there are reasonable grounds to believe" that they are criminally responsible for the "war crimes and crimes against humanity" that took place in the Gaza Strip "at least from October 8, 2023".
The statement mentioned that there is evidence that Israel has "deliberately and systematically deprived civilians throughout Gaza of goods necessary for their survival" by means of a comprehensive siege of the Gaza Strip, including closing border crossings, restricting the access of humanitarian aid such as food and medicine, cutting off water and electricity, attacking and killing civilians, and humanitarian aid workers.
In addition, Karim Khan also applied for arrest warrants for three Hamas leaders, including the leader of Hamas in the Gaza Strip, Yahya Sinwar, and the leader of the Kassan Brigade, an armed faction of Hamas, Mohammed Diyab Ibrahim Masri (note: his more well-known name is Mohammed Deyf) And Ismail Haniyeh, leader of the Hamas Political Bureau.
Karim Khan said that there was also reason to believe that the three Hamas leaders were criminally responsible for the "war crimes and crimes against humanity" that took place in the Israeli territory and the Gaza Strip "at least from October 7, 2023".
The application for an arrest warrant is only a preliminary procedure. According to the Associated Press, prosecutors must apply for an arrest warrant to a pre-trial panel composed of three judges, who need an average of two months to consider the evidence and decide whether to advance the procedure.
The International Criminal Court (ICC) is the only permanent international court that has the power to prosecute individuals for war crimes, genocide, crimes against humanity and other crimes. However, more than 120 States parties to the Rome Statute of the International Criminal Court (hereinafter referred to as the Rome Statute) need to implement arrest laws, and the accused cannot be tried without a seat. Israel and the United States have long since withdrawn from the Rome Statute and do not recognize the jurisdiction of the International Criminal Court.
The reason why the International Criminal Court claims jurisdiction is that Palestine officially became a member of the International Criminal Court in 2015. Karim Khan has stressed that any crime committed by any party in the Palestinian territory falls within the jurisdiction of the Court, including the events in the Gaza Strip and the West Bank.
Even if an arrest warrant is issued, Netanyahu and Garrant will not face the risk of being arrested or prosecuted immediately, but this may affect their future international activities. The Associated Press pointed out that Karim Khan's statement was a symbolic blow, deepening Israel's isolation in this round of Palestinian Israeli conflict.
For Hamas leaders, Shinwar and Deyff are believed to be hiding somewhere in the Gaza Strip. The British Broadcasting Corporation (BBC) pointed out that applying for arrest warrants for them did not add much pressure to them.
Haniyeh has lived in Qatar for a long time, and Qatar is also not a party to the Rome Statute. The BBC said that once the arrest warrant against him is approved, it may affect other international trips of Haniyeh.
Information picture: Ismail Haniyeh, leader of the Hamas Political Bureau. Figure/IC photo Both Israel and Kazakhstan expressed their objections to Karim Khan's statement. Netanyahu believed that the prosecutor's accusation was an attack on the Israeli army and even Israel as a whole. Hamas also condemned this, saying that this is tantamount to "equating the victim with the executioner".
Experts say this will further weaken Netanyahu's international status
Recently, Netanyahu has faced considerable pressure at home. Not only did the Israeli people continue to gather to demand a ceasefire agreement and the release of the detainees, but some also demanded Netanyahu's resignation. In addition, the Israeli wartime cabinet was also divided, requiring him to formulate a post-war governance plan for Gaza.
However, after the news of Karim Khan's application for an arrest warrant came out, Netanyahu almost received the support of all political figures in Israel, who condemned the International Criminal Court in succession. Some experts analyze that it is not clear what impact Karim Khan's action will have on Netanyahu's public status. Although it may bring some boost to him, Netanyahu may also be accused by his opponents of bringing diplomatic disaster to the country.
"It is certain that Netanyahu's troubled international status may be further weakened." Yuval Shani, a professor of international law at the Hebrew University of Israel, said that this will exclude Netanyahu and severely damage his ability to operate around the world. The Associated Press pointed out that even if the International Criminal Court does not issue an arrest warrant, other countries may become more reluctant to provide support and assistance.
Data picture: Israeli Prime Minister Benjamin Netanyahu. Figure/IC photo Netanyahu was very angry when he heard that he might face an arrest warrant for suspected war crimes and crimes against humanity. In a video released by his office, he criticized the move as a "historic moral atrocity", and also said that Karim Khan was "one of the largest anti Semites in modern times". The decision to apply for an arrest warrant for him and Garrant was fuelling anti Semitism around the world.
Netanyahu expressed these criticisms in English in the video. The BBC pointed out that whenever Netanyahu wanted to convey his message to his most important foreign audience, the American people, he would do so.
Facts have proved that his words did reach his American allies. The British Guardian pointed out that despite the frequent discord during this period, US President Biden still chose to side with Netanyahu on this matter, and made the most outspoken statement supporting Israel in several months.
Biden responded to Netanyahu's statement, saying that the International Criminal Court's seeking for an arrest warrant against Israeli officials was "heinous", that there was no reciprocity between Israel and Hamas, and that "let me be clear, we refuse the ICC prosecutor to apply for an arrest warrant against Israeli leaders".
Germany, Britain and Italy all criticized the ICC prosecutor's application for arrest warrants against Israeli officials. It is worth noting that France has kept a distance with its Western allies in this matter and expressed support for the International Criminal Court.
On May 20 local time, the French Ministry of Foreign Affairs issued a statement saying that France supports the International Criminal Court, its independence and its fight against impunity in all circumstances. France has warned for months that international humanitarian law must be strictly observed, especially in the Gaza Strip, where the number of civilian casualties is unacceptable and humanitarian assistance is lacking.
The US cable news network (CNN) pointed out that this statement marked a major difference in the position of France and other Western allies. France is one of the few Western countries willing to take a tough stance against Israel, and has previously criticized the US for rejecting the ceasefire resolution at the UN Security Council.
Some international activists also expressed appreciation for Karim Khan's behavior. The BBC pointed out that they have complained for many years that the powerful Western countries led by the United States turn a blind eye to Israel's violations of international law, and always condemn and sanction countries that do not belong to their own camp.
The main Israeli human rights organization "Btselm" said that this represented that Israel was rapidly falling into a moral abyss. "The international community is sending a signal to Israel that it cannot maintain its policy of violence, killing and destruction without taking responsibility."
Luan Ruoxi, reporter of Beijing News
Edited by Zhang Lei Checked by Wang Xin
