According to five Israeli and foreign officials, Israeli officials are increasingly convinced that the International Criminal Court is preparing to issue arrest warrants for senior government officials on charges related to the conflict with Hamas. .
Israeli and foreign officials also believe the court is considering an arrest warrant for Hamas leaders.
According to two of the five officials, if the court proceeds, Israeli officials could be accused of blocking the delivery of humanitarian aid to the Gaza Strip and pursuing an overly harsh response to terrorist attacks. Hamas led on October 7 targeting Israel. of them spoke on condition of anonymity because they were not authorized to discuss the matter publicly.
Israeli officials, who are worried about the potential fallout from such an incident, have said they believe Prime Minister Benjamin Netanyahu is among those who could be named in the search warrant. It was unclear who could be charged from Hamas or what charges would be cited.
Israeli officials did not reveal the nature of the information that raised their concerns about potential ICC action, and the court did not comment on the matter.
The court order will probably be seen by much of the world as a modest moral rebuke, especially for Israel, which for months has faced an international backlash. about his conduct in Gaza, incl from President Bidenwho called it “over the top.”
It could also influence Israel’s policy as it conducts its military campaign against Hamas. One of the Israeli officials said the possibility of a court issuing an arrest warrant had influenced Israel’s decision-making in recent weeks.
Israeli and foreign officials said they did not know what stage the process was at. Any arrest warrant requires the approval of a panel of judges and does not necessarily result in a trial or even the immediate arrest of the target.
Karim Khan, the court’s chief prosecutor, previously confirmed that his team was investigating incidents during the war, but his office declined to comment for this article, saying it did not “react responding to speculation in the media.”
Netanyahu’s office also did not comment, but on Friday, the prime minister said on social media that any intervention by the ICC “would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting barbaric terrorism and indiscriminate strategy.”
Netanyahu did not explain what prompted his statement, although he may have responded to speculation about the arrest warrant in the Israeli press.
He also said: “Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right to self-defense. The threat of arresting soldiers and officials of the only democracy in the Middle East and the only Jewish state in the world is too scary. We will not bow to it.”
Based in The Hague, the ICC is the only permanent international court in the world with the power to prosecute individuals accused of war crimes, genocide and crimes against humanity. The court does not have its own police force. Instead, it relies 124 members, which includes most European countries except Israel or the United States, to arrest those named in the warrant. It’s not possible trial in absentia of the defendant.
But the court order could hinder the travel of the officials named in it.
According to Israeli officials, the Hamas-led raid last October resulted in the killing of about 1,200 people in Israel and the kidnapping of about 250 others. According to Gaza officials, the subsequent war in Gaza, including intense Israeli bombing, killed more than 34,000 people, caused widespread damage to housing and infrastructure, and pushed This territory was on the brink of famine.
Israel’s attack on Gaza prompted the International Court of Justice, a separate court in The Hague, to judge accusations of genocide against the state of Israel and has promoted wave of protest on college campuses in the United States.
If the ICC were to issue arrest warrants, they would come with deep stigma, placing those named there on a par with foreign leaders like Omar al-Bashir, the ousted president of Sudan, and Vladimir V. Putin, the Russian president, who was the subject of an arrest warrant last year tied to his war against Ukraine.
The ICC’s focus on individuals rather than states distinguishes it from the International Court of Justice, which resolves disputes between states.
ICC judges ruled that the court has jurisdiction over Gaza and the West Bank because the Palestinians joined the court as the State of Palestine.
Mr. Khan said that his team will investigate incidents that have occurred since October 7 and that he will “objectively review the evidence and vindicate the rights of victims whether they are in Israel or Palestine” .
Mr. Khan’s office has also launched an investigation accused of war crimes committed during the 2014 war between Israel and Hamas; one of the officials who spoke on condition of anonymity believes the new arrest warrant will be an extension of that investigation.
Hamas and the Israeli military did not respond to requests for comment. The office of Yoav Gallant, Israel’s defense minister, declined to comment.
Overall, Israeli officials say they fight according to the laws of war and that they take significant steps to protect civilians, accusing Hamas of hiding inside civilian areas and forcing Israel to pursue them in there. Hamas has denied carrying out the atrocity on October 7, saying – despite video evidence to the contrary – that its fighters tried to avoid harming civilians.
Marlise Simons, Gabby Sobelman And Myra Noveck Report contributions.
