Why The ICC Arrest Warrant For Netanyahu Will Have No Effect on the Ground

The International Criminal Court at The Hague has finally issued  a  warrant of arrest against Israeli Prime Minister Benjamin Netanyahu, and his  former defence minister Yoav Gallant for crimes against humanity, including using starvation as a weapon of warfare in Gaza. The request for the arrests by the top prosecutor were pending for the last six months, as maximum pressure was put on the  international court not to comply.  

The Biden administration had taken the unprecedented step of announcing sanctions against two ICC staff members, including the Prosecutor for the verdict against Israel that was taken earlier. The ICC saw this as an attempt to obstruct the court's judicial proceedings and to help Israel. The court, however, stood its ground.  

With the US in lockstep with Israel, it is certain that neither Netanyahu or Gallant will be arrested. Palestinians in Gaza may feel vindicated by the international court’s decision to arrest  Israeli leaders for war crimes, but they  know that in reality nothing changes on the ground. The attacks continue and there is no relief for them. Besides, the US has now for the fourth time  blocked a UNSC resolution for a ceasefire in Gaza. This time the U.S. was the only country with the 'no' vote. Even  allies like France and UK  supported  a ceasefire that would bring a halt to the fighting and get the Israeli hostages back. The US, it appears, will only back a ceasefire on Netanyahu’s terms. 

However, the arrest warrants are a deadly blow to Israel’s moral standing in the world. The descendants of the victims of the holocaust have now become war criminals. It will be difficult for Netanyahu and Gallant to travel to many parts of the world. 

The ICC warrants will be a major embarrassment for Western nations that have backed Israel like the UK, France and  Germany. All of EU’s 27 members have signed the Rome Statute and are committed to uphold the arrest. The US and India are not signatories. France has said it is looking into the  judicial implications of the warrants. It will be interesting to see how the European leaders play this out. 

"It is not a political decision, it is a decision of a court, of a court of justice, an international court of justice. And the decision of the court has to be respected and implemented," Joseph Borrell, EU’s foreign policy chief said in the Jordanian capital, where he was visiting. ``This decision is a binding decision and all states, all state parties of the court, which include all members of the European Union, are binding to implement this court decision,” Borrell had added. 

``It is one more step in the growing isolation of the current Israeli leadership. It follows earlier ICJ ruling,’’ says Syed Akbaruddin, India’s former envoy to the UN. He points out that Spain and Ireland have already taken the decision to recognise a Palestinian state. ``That said visit to ICC member states will be restricted but as long as US continues to extend support it won’t matter in any substantive manner,’’ he explains. 

South Africa, with its long history of struggle against apartheid had dragged Israel to the ICC on charges of genocide last December, following its brutal reprisal against Palestinians living in Gaza. Israel was attacked on October 7, by Hamas. A similar warrant has been issued against Hamas  military chief Muhammad Deif, who Israel had earlier claimed to have killed in an airstrike. The ICC charged Deif as well as slain Hamas leaders   Yahya Sinwar and Ismail Haniyeh. The latter was killed while attending the inauguration of newly elected president Masoud Pezeshkian in Tehran. This led to the tit-for-tat airstrikes by Israel and Iran. 

Predictably, Israel has hit out at the ICC. Netanyahu  rejected all the allegations  and dubbed them both as "absurd, false and anti-sematic.” Anti sematic is used by Israel and its supporters to deflect all criticism of the Prime Minister and the IDF actions in Gaza. Student protestors and chairs of ivy league universities that saw major pro-Palestine and anti-war protests were labelled as anti-sematic. Netanyahu’s office in a statement said  that Israel will “not yield to pressure, will not be deterred, and will not retreat” until,  all of Israel’s war aims are achieved. 

Israel United Against ICC

Expectedly, Israel is united in its opposition to the ICC warrants. Government as well as opposition leaders like Yair Lapid have condemned the move. Netanyahu’s domestic politics will not be affected by the latest developments. In fact, it will help Israelis to forget political disagreements  and close ranks against what many believe are unjust accusations by the ICC. 

US reaction

The White House has rejected the Court’s decision to issue warrants of arrest against Israel’s top leaders. ``We remain deeply concerned by the [International Criminal Court] Prosecutor's rush to seek arrest warrants and the troubling process errors that led to this decision,’’ a White House statement read.`` The United States has been clear that the ICC does not have jurisdiction over this matter,” a National Security Council spokesperson said. However the same US administration had backed the ICC’s warrant of arrest against Russian President  Vladmir Putin, saying he was a ``war criminal.’’ Washington clearly makes a clear distinction when it comes to ICC warrants against friends and enemies, exposing once again the double standards of the West. 

"The ICC has no credibility and these allegations have been refuted by the U.S. government ... Israel has lawfully defended its people and borders from genocidal terrorists,’’ incoming national security advisor Michael Waltz, said in response to the warrants against Netanyahu and Gallant.  Republican Senator Lindsey Graham went one step further and called for sanctioning the ICC. Ends.