A move by the International Criminal Court (ICC) to seek arrest warrants for Israeli prime minister Binyamin Netanyahu, Defence Minister Yoav Gallant, and three Hamas commanders has been criticised by the Biden administration.
Karim Khan, the head prosecutor for the ICC, has accused Netanyahu, Gallant, the Israeli minister of defence, and Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, the leaders of Hamas, of committing war crimes in Gaza and Israel.
The US President was loud and clear with his statement, "Whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas.
“We will always stand with Israel against threats to its security," he added.
The judgment was denounced by Israel as well. Netanyahu referred to it as a "disgrace".
But what is the ICC?
What is the ICC?
With its headquarters located in The Hague, Netherlands, the International Criminal Court (ICC) is an international tribunal and intergovernmental organisation.
The ICC looks into those accused of the most serious crimes that the world community is concerned about: genocide, war crimes, crimes against humanity, and crimes of aggression. Where necessary, it also prosecutes alleged offenders.It is the world’s first permanent international criminal court.
What could the ICC warrants mean?
Since Israel is not a party to the court, Netanyahu and Gallant will not be immediately prosecuted even if the arrest orders are issued.
However, as Israel continues its conflict, Khan's decision further isolates the country, and the possibility of an arrest could make it more difficult for Israeli leaders to travel overseas.
Barrister Amal Clooney supports the chief prosecutor of the ICC, saying in order to help head prosecutor Khan assess the evidence of possible war crimes and crimes against humanity in Israel and Gaza, she joined a panel of international legal experts "more than four months ago”.
“I served on this panel because I believe in the rule of law and the need to protect civilian lives,” the co-founder of the Clooney Foundation for Justice said on her website.
In a unanimous decision, the 46-year-old stated that there are "reasonable grounds to believe" that the Hamas officials Khan identified have committed war crimes, "including hostage-taking, murder, and crimes of sexual violence”.
The court also reached the unanimous conclusion that there are "reasonable grounds to believe" that Gallant and Netanyahu committed war crimes, including "extermination, persecution, and starvation as a method of warfare”.
A pre-trial panel of three judges must grant the warrants upon the prosecutor's request; they typically take two months to review the material and decide whether to proceed with the proceedings.
How have other countries responded?
Italy's foreign minister declared on Tuesday that comparing Israel to Hamas was "unacceptable" and "absurd".
Prime minister Antonio Tajani said in an interview with the Corriere della Sera newspaper: "It is completely unacceptable that Hamas and Israel are put on the same level – the leaders of the terrorist group that started the war in Gaza by massacring innocent citizens and the leaders of the government elected by the people of Israel.”
Late on Monday, France declared its support for the arrest warrants.
The foreign ministry said in a statement, "France supports the International Criminal Court, its independence, and the fight against impunity in all situations.”
China expressed its hope on Tuesday that the ICC will maintain its "objective" stance.
Foreign Ministry spokesman Wang Wenbin called for a stop to the "collective punishment of the Palestinian people" but also stated, "It is hoped that the ICC will uphold its objective and impartial position and exercise its powers in accordance with the law."
