By Shahrokh Saei

Israeli criminals in ICC’s crosshairs

May 21, 2024 - 23:2

TEHRAN- The move by the International Criminal Court (ICC) to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and war minister Yoav Gallant represents a watershed moment and landmark decision in line with efforts to hold the regime accountable for its appalling atrocities and human rights violations in the Gaza Strip.

On Monday, ICC Prosecutor Karim Khan said his office had applied for arrest warrants for Netanyahu and Gallant citing their responsibility in war crimes and crimes against humanity that the Israeli army has committed in the Gaza Strip since declaring war on the besieged Palestinian territory on October 7.

Netanyahu, who has demonstrated utter disregard for international organizations, condemned the ICC’s move as outrageous and vowed to continue the genocidal war on Gaza, which has claimed the lives of more than 35,600 Palestinians. 

Palestinian rights organizations say genocide as an additional crime should be included in an amendment to the war crime charges against Israeli officials.Unsurprisingly, the United States made a blistering attack on the ICC. President Joe Biden said the effort to arrest the Israeli officials is “outrageous”.

Palestinian rights groups, however, welcomed the decision. 

Crucial step

Three rights organizations namely Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights described the ICC chief’s move as “a crucial step” towards ending impunity in Israel’s brutal onslaught in Gaza.

“While we welcome the issuing of charges for crimes against humanity, there is also a public catalogue of genocidal statements of intent to destroy Palestinians in Gaza, including through the intentional denial of aid. For these reasons, genocide as an additional crime should be included in an amendment to the charges,” the organizations added in a statement, according to Al Jazeera.

Historical day

The UN special rapporteur on human rights in the occupied Palestinian territory also told the Doha-based news network that the ICC’s measure marks a “historical day”.

“It’s not a small thing that the ICC prosecutor [is seeking] arrest warrants for two Israeli leaders and it’s not just for war crimes… it’s for crimes that have been committed intentionally and willfully – the all-state policy that has animated this campaign against the population in Gaza is put into question,” Francesca Albanese added.

A leading human rights group in Israel also hailed Khan’s request to seek the arrest warrants. 

 “The era of impunity for Israeli decision-makers is over. The international community is signaling to Israel that it can no longer maintain its policy of violence, killing and destruction without accountability,” B’Tselem said in a statement.

Khan’s announcement has sparked widespread international reactions too.

China demands impartiality

China hoped the world’s top war crimes court will uphold an “objective” position.

“It is hoped that the ICC will uphold its objective and impartial position and exercise its powers in accordance with the law,” foreign ministry spokesman Wang Wenbin said. The official made the comment while calling for an end to the “collective punishment of the Palestinian people.”

Russia says the US reaction to ICC’s potential arrest warrants against Netanyahu and Gallant resembles the behavior of a scorpion that has stung itself.Russia criticizes US reaction to ICC decision

The Russian Foreign Ministry spokeswoman took a jab at Washinton for its reaction to the ICC’s decision.

Maria Zakharova said the US reaction to the charges against the Israeli officials resembles the behavior of a “scorpion that has stung itself or a spider tangled in its web”.

Zakharova further said, “The catastrophic situation in the Middle East (West Asia) is the work of American political engineers.”

Israel isolation

Following Khan’s request, a panel of three ICC judges will decide whether to issue the arrest warrants against Netanyahu and Gallant and allow a case to proceed which could take two months.

Hence, Netanyahu and his war minister do not face imminent arrest.

But Khan’s announcement is a significant blow to Israel and further isolates the regime as the threat of arrest could make it difficult for them to travel abroad.

If the ICC finally decides to issue the arrest warrants more than 120 countries that have signed the Rome Statute are obliged to arrest Netanyahu and Gallant and then transfer them to The Hague.

Borrell: All States that have ratified the ICC statutes are bound to execute the Court’s decisions.Comments made by the EU foreign policy chief shed light on the matter.

“The mandate of the ICC, as an independent international institution, is to prosecute the most serious crimes under international law. All States that have ratified the ICC statutes are bound to execute the Court’s decisions,” Josep Borrell wrote on X.

Israel is now struggling to prevent the ICC from issuing the rulings. Washington’s stance against the court is also in line with efforts to help the regime’s embattled leaders.

Republican lawmakers have now called for sanctions on the court.

Then US President Donald Trump  had authorized economic and travel sanctions on the ICC prosecutor and another senior prosecutor in 2020. The ICC staff were looking into possible war crimes perpetrated by the United States and its allies in Afghanistan. 

The reactions of the US and Israel to the ICC prosecutor’s move indicate that they use all available means to maintain their own interests and ensure that justice is not served.

The United States considers itself as a role model for democracy around the world. Israel also claims to be the only democracy in West Asia. But their actions show that they flagrantly violate democratic values. 

The US and Israel have something in common; both of them have no scruples about committing crimes and demonizing those who expose their atrocities.

In short, the US and its protégé Israel pursue a “my way or the highway” policy with regards to dealing with international organizations.

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