Tuesday, May 21, 2024
Year : 2, Issue : 21
The International Criminal Court prosecutor’s office has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his defence chief, and also for three Hamas leaders for alleged war crimes and crimes against humanity.
Here is a look at what happens next, and how the ICC prosecutor’s move might impact diplomatic relations and other court cases focused on Gaza.
WHAT HAPPENS NEXT AT ICC?
Prosecutor Karim Khan’s request goes to a pre-trial chamber. The chamber will be composed of three magistrates: presiding judge Iulia Motoc of Romania, Mexican judge Maria del Socorro Flores Liera and judge Reine Alapini-Gansou of Benin.
There is no deadline for judges to decide whether to issue arrest warrants. In previous cases, judges have taken anywhere from just over a month to several months.
If the judges agree there are “reasonable grounds” to believe war crimes or crimes against humanity have been committed, they will issue an arrest warrant. The warrant must name the person, the specific crimes for which an arrest is sought and a statement of facts which are alleged to constitute those crimes.
WILL NETANYAHU AND THE HAMAS LEADERS BE ARRESTED?
However, the court has no means to enforce an arrest. The sanction for not arresting someone is a referral back to the ICC’s assembly of member states and ultimately a referral to the U.N. Security Council.
WILL THIS APPLICATION FOR WARRANTS INFLUENCE OTHER CASES?
Not directly, but perhaps indirectly. The ICC application is a separate matter to, for example, court cases demanding an arms embargo against Israel or South Africa’s attempts at the International Court of Justice to seek a halt to Israel’s offensive on Rafah.
If the judges decide there are reasonable grounds to believe Netanyahu and Defence Minister Yoav Gallant are committing war crimes and crimes against humanity in Gaza, it could strengthen legal challenges demanding an arms embargo elsewhere as numerous states have provisions against selling arms to states which might use them in ways that violate international humanitarian law.
Source: Reuters
