N12 reported on Thursday night that the International Criminal Court (ICC) is possibly contemplating the issuance of international arrest warrants against Prime Minister Bibi Netanyahu and other high-ranking officials for alleged war crimes.
The ICC boasts a membership of approximately 125 countries, including the majority of European nations, which are obligated by treaty law to respect the ICC’s arrest warrants. However, instances have arisen where countries have contested such warrants and refused to adhere to them.
The report sparked confusion as the ICC has yet to resolve key jurisdictional issues before considering arrest warrants.
One crucial issue the ICC must address is complementarity, which questions whether Israel adequately investigates itself to preclude ICC intervention in war crimes allegations.
The IDF has an extensive system for preliminary and criminal investigations into war crimes, conducting numerous probes, including 32 criminal investigations and around 500 preliminary inquiries concerning the 2014 Gaza conflict.
Although the ICC may argue that these investigations do not result in sufficient convictions or prison terms, the process is expected to involve input from Israel and its allies over several months or longer.
According to the report, Netanyahu convened urgent meetings with Strategic Affairs Minister Ron Dermer, Justice Minister Yariv Levin, and Foreign Minister Israel Katz to tackle the issue and seek support from Western allies. He also discussed the matter with senior British and German officials visiting Israel.
One potential strategy for the ICC to circumvent jurisdictional hurdles is to initially target Israel on the grounds of war crimes related to humanitarian aid issues.
However, this approach appears challenging as the IDF has facilitated humanitarian aid, with the volume increasing as security conditions improved.
ICC Prosecutor Karim Khan previously accused Israel of delaying humanitarian aid in autumn 2023, suggesting it could constitute a war crime. However, it remains unclear how such allegations would be substantiated, particularly as Israel maintains that security concerns have slowed aid delivery.
{Matzav.com Israel}
