The reports that the International Criminal Court in The Hague (ICC) is expected to issue arrest warrants against senior government and IDF officials have caused great concern in Israel. Whether such warrants are indeed expected soon or are merely a signal of a future course of action, this possibility must be taken seriously. Warrants such as these could limit the movement of those against whom a warrant is issued. In addition, the issuing of warrants will seriously damage Israel’s image and international standing and will serve as a basis for further measures to isolate it through sanctions and boycotts.
The ICC has been operating since 2002 under the Rome Convention. It has jurisdiction over individuals' criminal responsibility for war crimes, crimes against humanity, genocide, and aggression committed on the territory of a state party to the convention or by its citizens. The court has the power to issue arrest warrants against suspects. All 124 member states of the ICC are obligated to comply with requests for arrest by the court and transfer those within their jurisdiction, to The Hague.
Although Israel is not a member of the ICC and does not recognize its authority over it, in March 2021, the court opened an investigation into alleged crimes committed in the territories of Judea and Samaria, East Jerusalem, and the Gaza Strip after it recognized “Palestine” as a state for the purposes of its jurisdiction. The investigation covers all actions of all parties, Israelis and Palestinians, in the territories, starting on June 13, 2014, without a definite end date being set and therefore also applies to the current war in Gaza. The investigation gained momentum since the war began, and the ICC’s prosecutor is under great pressure to move forward.
Israel’s conduct can affect the likelihood of legal proceedings against its citizens. Therefore, It is crucial for Israel to carry out thorough and professional investigations and inquiries regarding accusations of crimes, as the ICC's jurisdiction is based on the principle of complementarity.
This means that a case is inadmissible where genuinely and professionally investigated by the relevant state. Moreover, Israel cannot boast of being a democracy with an excellent court system while at the same time allowing ministers and coalition members to make irresponsible statements regarding their intentions in the war, such as stating that Israel will “flatten Gaza,” and that “there are no uninvolved civilians in Gaza,” or that there are too many detainees and wondering if it is possible to “kill some.” These statements by senior officials, which the prime minister has not openly condemned, are serving as the basis to accelerate the proceedings at the ICC. Such statements undermine Israel's reputation as a law-abiding democratic state and the credibility of its investigations and explanations provided to the court. In this way, the government contributes directly to the escalation of the international campaign against Israel. Israel's failure in the international arena directly affects the achievements of its military campaign, which relies on international legitimacy, ultimately causing strategic damage to Israel’s national security.
The reports that the International Criminal Court in The Hague (ICC) is expected to issue arrest warrants against senior government and IDF officials have caused great concern in Israel. Whether such warrants are indeed expected soon or are merely a signal of a future course of action, this possibility must be taken seriously. Warrants such as these could limit the movement of those against whom a warrant is issued. In addition, the issuing of warrants will seriously damage Israel’s image and international standing and will serve as a basis for further measures to isolate it through sanctions and boycotts.
The ICC has been operating since 2002 under the Rome Convention. It has jurisdiction over individuals' criminal responsibility for war crimes, crimes against humanity, genocide, and aggression committed on the territory of a state party to the convention or by its citizens. The court has the power to issue arrest warrants against suspects. All 124 member states of the ICC are obligated to comply with requests for arrest by the court and transfer those within their jurisdiction, to The Hague.
Although Israel is not a member of the ICC and does not recognize its authority over it, in March 2021, the court opened an investigation into alleged crimes committed in the territories of Judea and Samaria, East Jerusalem, and the Gaza Strip after it recognized “Palestine” as a state for the purposes of its jurisdiction. The investigation covers all actions of all parties, Israelis and Palestinians, in the territories, starting on June 13, 2014, without a definite end date being set and therefore also applies to the current war in Gaza. The investigation gained momentum since the war began, and the ICC’s prosecutor is under great pressure to move forward.
Israel’s conduct can affect the likelihood of legal proceedings against its citizens. Therefore, It is crucial for Israel to carry out thorough and professional investigations and inquiries regarding accusations of crimes, as the ICC's jurisdiction is based on the principle of complementarity.
This means that a case is inadmissible where genuinely and professionally investigated by the relevant state. Moreover, Israel cannot boast of being a democracy with an excellent court system while at the same time allowing ministers and coalition members to make irresponsible statements regarding their intentions in the war, such as stating that Israel will “flatten Gaza,” and that “there are no uninvolved civilians in Gaza,” or that there are too many detainees and wondering if it is possible to “kill some.” These statements by senior officials, which the prime minister has not openly condemned, are serving as the basis to accelerate the proceedings at the ICC. Such statements undermine Israel's reputation as a law-abiding democratic state and the credibility of its investigations and explanations provided to the court. In this way, the government contributes directly to the escalation of the international campaign against Israel. Israel's failure in the international arena directly affects the achievements of its military campaign, which relies on international legitimacy, ultimately causing strategic damage to Israel’s national security.