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The National (Scotland)
The National (Scotland)
National
Adam Robertson

Explained: What does the ICC's arrest warrant for Benjamin Netanyahu mean?

THE International Criminal Court has issued arrest warrants for both Israeli Prime Minister Benjamin Netanyahu and former defence secretary Yoav Gallant.

The court has said the alleged crimes have been committed from at least October 8, 2023 until May 20,2024.

Here’s everything you need to know.

What is an ICC arrest warrant?

The ICC has jurisdiction over individuals who bear criminal responsibility for the most “serious crimes of concern to the international community”.

In order to issue an arrest warrant, judges must be satisfied there are reasonable grounds to believe the suspect has committed a crime within the jurisdiction of the ICC.

Judges will then issue a warrant of arrest to ensure that the person appears at trial and that they do not obstruct or endanger the investigation or court proceedings.

Who is responsible for the arrest of the suspects?

It will now be up to the ICC’s 124 member states – who do not include Israel or its ally, the United States – to decide whether or not to enforce the warrants.

In May, ICC prosecutor Karim Khan sought the warrants for Netanyahu and Gallant.

The UK is one of 124 countries to have signed up as a party to the Rome Statute of the International Criminal Court.

In 2001, the previous Labour government passed the International Criminal Court Act into domestic UK law.

This means that should Netanyahu (above) set foot on UK soil, the Labour Government is legally obliged to arrest him.

Who are the ICC?

The ICC investigates and, where warranted, tries individuals charged with the “gravest crimes of concern to the international community”.

According to its website, this includes “genocide, war crimes against humanity and the crime of aggression”.

It was first established in 2002 and can prosecute crimes committed by nationals of member states by other actors.

What has Netanyahu been accused of?

A statement from the ICC said it found “reasonable grounds” to believe Netanyahu and Gallant bear “criminal responsibility” for committing the war crime of starvation as a method of warfare and crimes against humanity of murder, persecution and other inhumane acts.

A statement from the ICC said: "With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.

"The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population."

The court said it considered that there are reasonable grounds to believe that both Netanyahu and Gallant "intentionally and knowingly" deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least October 8, 2023, to May 20, 2024. 

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