ICC Arrest Warrants Controversy

On Monday 20th May, Prosecutor Karim Khan filed applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court (ICC) with regard to the situation in what he calls ‘the state of Palestine.’

In addition to three leaders of Hamas, Yahya Sinwar, Mohammed Deif and Ismail HANIYEH, the warrants would apply to two leaders in Israel, Benjamin Netanyahu and Yoav Gallant.

These applications have caused much controversy. There are disputes over whether the ICC has jurisdiction in this matter, and the fact that the simultaneous requests draw a moral equivalence between leaders of a terrorist group and leaders of a democratic nation.

Legal opinions are divided, with a group of six legal experts who were consulted by Khan supporting the applications, while others challenge both the court’s jurisdiction and the evidence that is being used. Israel’s Attorney General and State Attorney say that the case is “without foundation.”

There is also division between Western nations. France has backed the move and Germany has said they would execute an ICC arrest order against Netanyahu, while the US condemned the applications, with Antony Blinken saying Washington “fundamentally rejects” them as being “shameful.”

Given the extensive propaganda and distortion of facts regarding the conflict, along with the phenomenal surge in antisemitism around the world, it is difficult to see whether there is any reasonable chance of a fair trial in potential cases against Netanyahu and Gallant.