The ICC's request for arrest warrants has created a diplomatic dilemma for Western member states: do they support Israel or international law?

The International Criminal Court (ICC) made a historic step this week as chief prosecutor Karim A. A. Khan KC sought arrest warrants for leading Israeli officials, including Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, along with three senior Hamas officials.

Beyond adding further political pressure on Israel over its onslaught in Gaza, there is also the question of how significantly the arrest warrants will impact Israel’s Western allies, who have faced mounting scrutiny over their support for Israel.

Unsurprisingly, both Israel and Hamas condemned the move by Khan, who said the named figures “bear criminal responsibility”. Israeli ministers labelled the decision as “outrageous” and a “moral outrage,” while criticising the equivalency with Hamas, which committed its deadly attack on 7 October....

"Beyond adding further political pressure on Israel, there is also the question of how significantly the arrest warrants will impact Israel's Western allies, who have faced mounting scrutiny over their support for Israel"

Most of the Gaza Strip has been destroyed in Israel's war, which has killed over 34,000 Palestinians since October. [Getty]

What can the ICC do?

The ICC is the first and only permanent international criminal court, aimed at deterring and punishing the most serious crimes, such as genocide, crimes against humanity, war crimes, and aggression. Established by the 1998 Rome Statute, the court officially came into force on 1 July 2002.

The statute, now joined by 124 countries including founding members such as the UK, France, Germany, Italy, the Netherlands, Canada, Australia, Belgium, Norway, South Africa, and Japan, obliges parties to arrest individuals with warrants.

Israel, supported by the US and UK governments, has claimed the ICC has no jurisdiction over it, as it is not a party to the statute. However, in 2021, the ICC ruled that Palestine would be considered a state party to the ICC statute for the purposes of the treaty.

That means the ICC will have jurisdiction over an Israeli if they commit war crimes against a state party, in this case, Palestine.

If individuals with warrants are apprehended, it may take years to conduct trials, with a long process of gathering and preserving evidence, which may require the consent of states to access territory.

“None of us would expect Gallant and Netanyahu being taken away soon, even if arrest warrants are issued and Israeli courts are declared incompetent into looking into it,” Shahd Hammouri, lecturer in international law at the University of Kent, told The New Arab.

“The named Israeli officials would only be unable to travel to states that aren’t members of the ICC, but it wouldn’t mean they directly go to prison.”

Increased pressure on the West

Despite the legal technicalities, Israel’s Western partners may realise that they are at a crossroads, torn between supporting the rule of law or upholding their ties to Israel.

Juliette McIntyre, lecturer in law at the University of South Australia, said the arrest warrants will therefore put heavy political pressure on Israel’s Western partners, including over arms sales.

“It impacts significantly on one's standing in the international community which is why this is more significant in respect of Netanyahu and Gallant than the Hamas leadership, since Hamas is already a designated terrorist organisation in many countries,” she told The New Arab.

She added that this does not create an equivalence between Hamas and Netanyahu however, adding “the standard is the law, and that is what each party's conduct will be assessed against regardless of what the other ‘side’ to the conflict is doing”.

As many would expect, the US has also strongly condemned Khan’s request, with US Secretary of State Anthony Blinken indicating Washington may prepare to sanction ICC figures.

"The arrest warrants will put heavy political pressure on Israel's Western partners, including over arms sales"

Even though Washington is not a signatory to the ICC the potential ramifications of the decision are still a concern, as echoed by US Senator Lindsey Graham’s remarks on Tuesday that "if they do this to Israel, we're next”....READ MORE      https://www.newarab.com/analysis/icc-arrest-warrants-put-israels-western-allies-crossroads

[AS ALWAYS PLEASE GO TO THE LINK TO READ GOOD ARTICLES (or quotes or watch videos) IN FULL: HELP SHAPE ALGORITHMS (and conversations) THAT EMPOWER DECENCY, DIGNITY, JUSTICE & PEACE... and hopefully Palestine]