ICC Seeks Arrest Warrants For Israeli And Hamas Leaders: What Is ICC And How It Functions?

The chief prosecutor of the International Criminal Court announced on Monday that arrest warrants are being sought for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu.

It is believed by Karim Khan that Netanyahu, along with his defence minister Yoav Gallant and three Hamas leaders, bear responsibility for war crimes and crimes against humanity in the Gaza Strip and Israel, as reported by Hindustan Times.

Photo Credit: PTI

What is the ICC?

- Established in 2002, the ICC is characterized as the world's only permanent international criminal court, with a mandate to investigate and prosecute individuals for offences such as crimes against humanity, war crimes, genocide, and the crimes of aggression, as reported by Anadolu Agency.

- Based in The Hague, the Netherlands, it operates under an international treaty known as the Rome Statute. On its website, the ICC is described as "a court of last resort," with a mission to complement rather than replace national courts.

How do the courts function?

- The ICC functions with 18 judges, who are elected by the member states, and conducts investigations in cases through the office of the prosecutor.

Who are members of the ICC?

- The ICC counts 123 members, comprising state parties to its Rome Statute. Among them, 33 are African countries, 19 are Asia-Pacific nations, 18 are from Eastern Europe, 28 are from Latin American and Caribbean states, and 25 are from Western European and other states. Notably, countries such as the US, Israel, and Russia are not members of the ICC, as reported by Anadolu Agency.

What cases has the ICC handled?

- According to the ICC website, there have been "31 cases before the Court, with some cases having more than one suspect." ICC judges have issued 40 arrest warrants, with most indictments targeting individuals from African countries.

- Approximately 21 individuals have been detained in the ICC detention centre and have appeared before the court, including former Liberian President Charles Taylor, while 15 remain at large. Additionally, charges against seven individuals were dropped due to their deaths.

In 2023, an arrest warrant was issued against Russian President Vladimir Putin by the ICC, declaring him responsible for the war crime of forcibly deporting and transferring children from occupied Ukrainian territory to Russia. The Russian government rejected the decision, refusing to recognize the ICC's jurisdiction, as reported by Anadolu Agency.

A significant case referred to the ICC by the UN Security Council involved Muammar al-Gaddafi, accused of killing civilians during the Arab Spring protests. An arrest warrant was issued but withdrawn following Gaddafi's death in 2011.

The ICC has also issued arrest warrants for former Sudanese President Omar al-Bashir on charges of "genocide and war crimes." Additionally, former Ivorian President Laurent Gbagbo was arrested on ICC warrants in 2011 for charges of murder, rape, and other crimes but was acquitted by the court in 2019.

ICC Seeks Arrest Warrant For Netanyahu, But Why?

A new offensive was initiated by Israel in central Gaza on Monday, with bombardments targeting towns in the northern area of the Strip. Despite U.S. warnings regarding the potential for mass casualties in the southern city of Rafah, Israel expressed its intent to expand its military operation in that area.

In the latest fighting, Gaza medics reported at least 23 casualties, while residents described intense battles in Jabalia, located in the northern part of the Palestinian enclave. Additionally, Israeli tanks conducted a limited incursion into areas near Deir Al-Balah, a central city in Gaza that had not been entered by Israeli forces during the preceding seven months of conflict, according to local residents, as per AP reports.

Fighting continued as U.S. National Security Adviser Jake Sullivan conducted talks in Israel, during which he was expected to urge Israeli forces to target Hamas militants in Gaza in a focused manner, rather than pursuing a full-scale assault on Rafah.

However, Israeli Defence Minister Yoav Gallant indicated that there would be no cessation in the operation, aimed at clearing Rafah of Hamas militants and rescuing hostages seized during the Hamas-led raid on Israel on October 7, which precipitated the conflict.

"We are committed to broadening the ground operation in Rafah to the end of dismantling Hamas and recovering the hostages," stated a communication from Gallant's office, quoting his remarks to Sullivan, as per media reports.

Rafah, located on Gaza's border with Egypt, is described by Israel as Hamas' final stronghold. Concerns persist among Western powers regarding the hundreds of thousands of displaced Palestinians taking refuge there, despite assurances from Israel regarding humanitarian protections.