Could Benjamin Netanyahu, the commander of the war in Gaza, find himself under an arrest warrant from the International Criminal Court (ICC)? Israel has never been so worried of this potential scenario. In a message posted on the social media platform X on Friday, April 26, the country's prime minister asserted that "Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense."
For the past 10 days or so, he has been saying that he is seriously considering the possibility of the court in The Hague opening proceedings against him and other senior Israeli officials. "While the ICC will not affect Israel's actions," he wrote, "it would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression."
A well-informed source in The Hague confirmed to Le Monde on Sunday that an "event is imminent," but did not specify the nature of the charges or the names of those involved. The prosecutor must have any application for an arrest warrant approved by three judges, and this final stage is now complete, according to the same source. Several Israeli leaders told the New York Times, on condition of anonymity, that they feared the Israeli prime minister himself might be placed under arrest warrant. The Israeli press also mentions Defense Minister Yoav Gallant and Chief of the General Staff Herzi Halevi.
In March 2021, the Office of the Prosecutor of the ICC opened an investigation into crimes committed in the occupied Palestinian territories. This procedure covers all violations of international law perpetrated by Israel in the West Bank and Gaza Strip since 2014 and therefore includes those taking place in the ongoing offensive against Hamas in the Palestinian enclave, which has claimed almost 35,000 lives. At a press conference in Cairo on October 29, 2023, Prosecutor Karim Khan also confirmed his jurisdiction over the Hamas attack in southern Israel on October 7, 2023, which killed 1,170 people. At least two Hamas officials could also be prosecuted, Le Monde has learned.
Diplomatic action
The first signs of concern in Israel appeared in mid-April. The day after a visit by the British and German foreign ministers, David Cameron and Annalena Baerbock, Netanyahu called an "emergency discussion," according to Israeli TV Channel 12, to coordinate diplomatic action to counter the arrest warrants.
Under the Trump administration, the United States imposed sanctions on then ICC prosecutor Fatou Bensouda, to dissuade her from prosecuting US officials for alleged crimes in Afghanistan and against US allies, particularly Israel. These were lifted by President Joe Biden, but Secretary of State Antony Blinken has since reiterated US opposition to any investigation targeting Israeli officials. Like Israel, Washington is not a member of the ICC and argues that it therefore has no jurisdiction to prosecute its nationals or those of Israel. However, Biden welcomed the issuance of an arrest warrant against Vladimir Putin in March 2023, even though Russia is not a member of the ICC either.
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