Wed 22 May 2024 8:56 pm - Jerusalem Time

ICC’s intention to issue arrest warrants for Netanyahu and Gallant...a test for international justice

Odeh: The step has other measures to implement, and the next stage requires Palestinian preparation

Abu Badawiyah: A bold step that targets Israel politically and militarily and has various repercussions

Al-Khatib: An insult to Israel and a violation of its claimed moral and democratic standing

Abu Al-Ezz: Netanyahu and Gallant will not be able to visit 100 countries committed to the court system

Ramallah - Exclusive to "Al-Quds" and "Al-Quds".com - presents the announcement by the Prosecutor of the International Criminal Court, Karim Khan, two days ago, that he seeks to issue two arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Galant, on charges of committing war crimes. The court is faced with the possibility of achieving international justice for the Palestinian people and retaliating against the killers of its sons, especially in the Gaza Strip.

Writers, analysts and specialists in international law believe, in an interview with “ے”, that there is a possibility of issuing arrest warrants, and that this requires Palestinian and international efforts to support Karim Khan in his mission and mobilize international support for him, and that what he did represents an important and historical legal document for the benefit of the Palestinian people, They must be built upon in order to achieve justice.

Karim Khan confirms that he has good reason to believe that Netanyahu and Gallant bear criminal responsibility for war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza Strip) as of October 8, 2023, namely: deliberately starving civilians, and deliberately causing severe suffering. Serious harm to body or health, willful killing, intentionally directing attacks against a civilian population, extermination and/or murder as a crime against humanity, persecution as a crime against humanity, and other inhumane acts constitute a crime against humanity.

Writer and political analyst Nour Odeh says: “Karim Khan’s announcement is late, but it is important, even though his decision was not free of politicization, and instead of moving within the time frame by supervising an investigation 3 years ago, which falls within the framework of his responsibilities, he dealt with what happened in The Gaza Strip only, although Palestine’s accession to the International Criminal Court ten years ago gives it legal jurisdiction, and this accession is supported by all Palestinians despite the division.”

Odeh continues: “Although Karim Khan tried over the past months not to clash with powerful countries regarding the Palestinian situation, during the last period, it was expected of him to seek to issue arrest warrants against Israelis.

What is required is to continue the work that has been ongoing for years, as the court has been provided by Palestinian institutions and the Ministry of Foreign Affairs with information about crimes committed by the Israeli occupation, and despite his efforts to issue the memorandum, Khan has a lot of work to do regarding other described crimes that he has not touched upon.”

According to Odeh, Karim Khan’s effort to issue an arrest warrant remains a first step, and the court has procedural steps for implementation, explaining that Khan was the one who asked the court’s first-instance chamber to issue an arrest warrant against Netanyahu, Gallant, and Palestinians from Gaza, based on indictments, but he has no choice but to do so. That the court’s judges look at the files, and accordingly the issuance of the memorandum will be accepted or not. If the memorandum is issued, it is important to point out that it has no executive force except through the member states of the court, and they are required to achieve international justice.

She points out that the occupation is arrogant and does not acknowledge its crimes, and simply because it is accused verbally is not accepted, so how about a case related to the head of the political and military pyramid, and she says: “The occupation is very concerned about what Karim Khan is seeking, since most member states will not be able to overcome the issue, and they are all facing a test to implement.” The decision, because failure to implement it destroys that international system,” while indicating that the next stage requires the Palestinians to be strongly present to follow up on the court’s decision once it is issued.

For his part, Dr. Raed Abu Badawiya, professor of international law and international relations at the Arab American University, says: “More than seven months after the crimes committed by Israel, the Prosecutor of the International Criminal Court was forced to seek a decision, which is a rather bold step, and targets Israel.” Politically and militarily, Khan must wait for the approval of the court’s preliminary chamber, and it may not agree, and if approval is granted, this will have legal, diplomatic, and political repercussions that confirm the failure of Netanyahu and his government to manage Israel, and it will become isolated internationally.”

Abu Badawiya continues: “The decision would strengthen the international legal and diplomatic movement to besiege the Netanyahu government, and it may have internal repercussions on Netanyahu from the opposition. It will also restrict countries that support Israel with weapons through internal pressure from their people, until the export of weapons is stopped.” To Israel, the presence of arrest warrants is something that terrifies the Israeli army, and the decision also deprives Israel of an important international arena, which is the European arena.”

He points out that Israel may try to put pressure through its relations and allies to cancel the decision, and may try to put pressure on the court and its employees by activating procedures and penalties on them, as happened years ago in America, as a way of putting pressure on the court.

Abu Badawiyeh stresses the need for the Palestinians to start a global movement in order to support the Prosecutor of the International Criminal Court with his step and position, and for there to be political and legal investment in the decision in the member states of the Court.

In turn, the writer and political analyst Dr. Ghassan Al-Khatib pointed out that Karim Khan’s move is in its infancy, and a decision may or may not be issued by the Criminal Court, and if his recommendation to issue an arrest warrant against Netanyahu and Gallant is accepted, this will greatly affect the moral and democratic dimension that Israel claims, which will make it collapse before those countries, and that The countries that signed the court’s charter are obligated to implement the decision, although there are countries that have a position of refusing to implement it, but the decision will put Netanyahu at a stage in which he will not be able to visit the countries that will implement the decision, and he will not be received by some countries for fear of embarrassing them. Therefore, the step has moral, political and ethical dimensions. .

Regarding the presence of leaders from the Hamas movement, arrest warrants are being sought against them, and they are: Ismail Haniyeh, Yahya Al-Sinwar, and Muhammad Al-Deif. Al-Khatib points out that the Hamas movement had indicated its willingness to appear before the court and explain the soundness of its position, and therefore they have enough information and opinions to clarify. Matters, they are fighting in the trenches under conditions under threat and Israel is trying to assassinate them, and therefore there is no point in issuing arrest warrants against them.

Al-Khatib says: “Israel is upset by this step, as it affects its moral standing, even though it led a major campaign to make Hamas a terrorist organization, and today it faces charges before a respected international institution, which indicates a miserable Israeli failure, and also raises the cost of European support for it.” "It affects its relations with the West."

Meanwhile, Al-Khatib stresses that Karim Khan’s step, if accepted, will cause Israel a lot of pain, which is something that Israel has begun to think that there is no need for the existence of the National Authority, which requires the Authority to increase this type of steps and fight Israel in international courts.

For his part, Dr. Amjad Abu Al-Ezz, professor of international relations at the Arab American University, writer and political analyst, says: “This is not the first time in history that an arrest warrant has been issued against Israeli officials. It happened with Israeli Foreign Minister Tispi Livni years ago. What is happening puts Israel is facing a difficult legal confrontation, and it places decision-makers in Israel, especially in countries that give priority to investigating international crimes, in the face of great embarrassment. Likewise, if the Israeli army sends memos to its officers, it will place them in confrontation and rift with the political leaders in Israel, and a feeling that they have... They were abandoned by the decision-maker.”

According to Abu Al-Ezz, whether the decision is implemented or not, Israel’s reputation has been damaged globally because it places its leaders with war criminals. The decision, if implemented, will place countries facing great challenges by not receiving and protecting those Israelis. The decision also gives impetus to Palestinian rights and justice. The decision, once adopted, will not enable Netanyahu and Gallant to visit many countries around the world, including nearly 100 countries that are committed to the Rome Statute of the International Court of Justice.

He points out that the Israeli discourse after Karim Khan’s announcement was angry and disturbed, and the Hamas movement attacked Karim Khan’s announcement, as Hamas considered it equating the victim with the executioner, but the movement has no choice but to defend itself legally at the current stage, and it has repeatedly declared that it is based on the truth. Palestinian resistance to the Israeli occupation.

Abu Al-Ezz points out that the West considers Hamas a terrorist movement, so the decision will not affect it much, as it is not the first time that it has faced decisions from some countries to confiscate its money and property, but the ICC decision, if implemented, will impose challenges on Israeli leaders and their movements in the future. Despite this, Hamas is the least harmed from a legal standpoint, because it is essentially persecuted and boycotted.


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ICC’s intention to issue arrest warrants for Netanyahu and Gallant...a test for international justice