Understanding the International Criminal Court (ICC) and its authority to issue arrest warrants for Benjamin Netanyahu and his ministers

Israel has issued a warning about the potential for the International Criminal Court (ICC) to issue arrest warrants against top officials in the country for alleged war crimes in Gaza. This includes Prime Minister Benjamin Netanyahu, who has stated that such an event would be a “scandal on a historic scale.” Despite not signing the Rome Statute and therefore not recognizing the jurisdiction of the court, Israel could still face legal action from the ICC.

Netanyahu firmly stated that the ICC has no authority over Israel and that the possibility of arrest warrants for war crimes is a scandal of historical proportions. The ICC Prosecutor’s Office may also target Defense Minister Yoav Gallant and the Chief of the General Staff of the IDF, Herzl Halevi, but lower-ranking officials may not be affected. Israel’s Justice Ministry and army lawyers are working to prevent the issuance of these arrest warrants, with support from countries friendly to Israel, including the United States.

The ICC has 124 member states, all of which have ratified the Rome Statute. Countries like Israel, the United States, Russia, and China have not signed the statute and do not accept the court’s jurisdiction. However, the ICC can become involved when countries are unable or unwilling to prosecute serious international crimes on their territory. The ICC has ongoing investigations in various regions, including Africa, Asia, Europe, the Middle East, and Latin America.

The ICC has previously issued arrest warrants and successfully convicted individuals for crimes like war crimes, crimes against humanity, and genocide. In cases where a state that has not signed the Rome Statute is involved, the ICC’s jurisdiction can still be activated based on territorial or nationality links to the crimes committed. Cooperation from state parties is crucial for the ICC to enforce arrest warrants and hold individuals accountable for international crimes.

In conclusion, while Israel is not a party to the ICC, the court’s jurisdiction can still be invoked in cases concerning crimes in Palestinian territories or involving Israeli nationals. The ICC’s efforts to investigate and hold perpetrators accountable for war crimes are ongoing, and cooperation from state parties is essential for the court’s effectiveness in delivering justice.