Alarm in Israel at reports of possible ICC legal action over Gaza

2 weeks ago 8

Israeli Prime Minister Benjamin NetanyahuImage source, Reuters

By Anna Foster & Raffi Berg

BBC News

Israeli officials are progressively acrophobic that the UN's apical transgression tribunal is readying to question apprehension warrants for their apical subject and governmental leaders connected suspicion of warfare crimes.

Reports suggest Prime Minister Benjamin Netanyahu could beryllium among them.

The International Criminal Court (ICC) has been investigating Israel's actions successful the occupied territories for the past 3 years - and much precocious the actions of Hamas arsenic well. It has the powerfulness to complaint and effort individuals for the astir superior crimes nether planetary law.

It has antecedently issued apprehension warrants for leaders including Russia's Vladimir Putin, Muammar Gaddafi of Libya, and Ugandan warlord Joseph Kony.

Mr Netanyahu has called the imaginable of elder Israel figures joining the wanted database "an outrage of historical proportions", accusing the ICC of attempting to paralyse Israel's quality to support itself.

But the information that he's chosen to marque specified strident nationalist comments suggests that, down the scenes, specified a script is being actively discussed.

While the ICC has not confirmed the Israeli claims, erstwhile Chief Prosecutor Karim Khan KC visited Israel and the occupied West Bank past December his connection was a wide one.

The British barrister toured the sites of Hamas' attacks successful Israeli villages adjacent to the Gaza fence, which Hamas-led gunmen burst done connected 7 October.

He besides met governmental leaders, and travelled to Ramallah to talk to the families of Palestinian victims astir their experiences successful Gaza and the West Bank. He condemned the unit suffered by civilians connected some sides, and promised to investigate.

Image source, ICC

Image caption,

ICC Chief Prosecutor Karim Khan KC visited an Israeli assemblage attacked by Hamas-led gunmen connected 7 October 2023 (3 December 2023)

"All actors indispensable comply with planetary humanitarian law," helium clarified successful a connection astatine the time. "If you bash not bash so, bash not kick erstwhile my bureau is required to act."

Mr Khan said the 7 October attacks - successful which Hamas-led gunmen killed astir 1,200 people, mostly civilians, and seized 253 hostages, according to Israeli tallies - represented "some of the astir superior planetary crimes that daze the conscience of humanity, crimes which the ICC was established to address".

In Israel's case, his concerns were twofold. He stressed the work to behaviour its subject cognition successful Gaza according to "clear ineligible parameters that govern equipped conflict".

Israel has been accused of failing to sufficiently support civilians during its months-long bombardment, though it insists it takes each indispensable measures to debar casualties. The Hamas-run wellness ministry successful the territory says much than 34,500 radical person been killed determination since the warfare began, and that galore of that fig are children.

Image source, Getty Images

Image caption,

Israeli aerial bombardments person destroyed galore Palestinians' homes successful the Gaza Strip

Mr Khan besides underlined the request for humanitarian assistance to get into Gaza, with entree to food, h2o and aesculapian supplies a basal close for civilians "without further delay, and astatine gait and astatine scale". He besides urged Hamas not to divert oregon misuse the supplies erstwhile they did arrive, aft accusations by Israel that its members were looting trucks and stealing aid, stopping it from reaching the wider population.

Israel isn't a subordinate of the ICC and it says the tribunal has nary jurisdiction implicit it. But the tribunal has ruled that since 2015 it does successful information person jurisdiction implicit the West Bank, East Jerusalem and Gaza aft the Palestinians ratified its founding treaty, the Rome Statute, arsenic the State of Palestine.

No Western-style ideology has had an ICC apprehension warrant issued for its person before. If it happens to Mr Netanyahu, he'll beryllium the first. Israelis person peculiar concerns astir the stigma and imaginable isolation that would travel with it.

Michael Oren was Israel's ambassador to the United States betwixt 2009 and 2013. He points to the caller lawsuit brought by South Africa astatine the International Court of Justice (ICJ), which accused Israel of genocide against the Palestinian colonisation successful Gaza - an accusation Israel vehemently rejects.

In January, the tribunal issued an interim ruling that ordered Israel to instrumentality steps to forestall genocidal acts successful Gaza, but stopped abbreviated of telling it to halt its subject offensive.

"Israel emerged from those proceedings comparatively unscathed, but the information that the proceedings were held astatine each meant that Israel had mislaid the battle," helium told the BBC.

"They should not person been held astatine all, and surely it's a stroke to our planetary lasting and our security. Because a state whose leaders are accused of presiding implicit warfare crimes, that state is much susceptible than a state that isn't."

Sir Geoffrey Nice KC, different British barrister, led the prosecution of the erstwhile Serbian president Slobodan Milosevic for warfare crimes astatine the International Criminal Tribunal for the erstwhile Yugoslavia (ICTY).

He points retired that the actions of some sides successful this struggle are wrong the ICC's focus.

"Any probe volition not conscionable beryllium the Israeli Defense Forces and governmental and subject enactment but besides Hamas," helium told the BBC.

"It's to beryllium hoped that alleged Hamas fighters and leaders are not each changeable connected sight, that they are detained and made disposable for proceedings by an planetary tribunal."

He besides addressed suggestions that the ICC could travel nether governmental unit to reconsider its decision-making.

"Governments astir the world, peculiarly ample and almighty governments, are determination to support their country's interests.

"So if they spot a proceedings coming along, oregon an investigation... that would origin them arsenic a state large reputational damage, and if they reckon they tin interfere with the proceedings oregon the investigative oregon proceedings processes to prevention them from that reputational damage, past they'll bash that, due to the fact that they are acting successful the interests of their country."

Image source, Reuters

Image caption,

The ICC successful The Hague is simply a imperishable planetary tribunal that has the powerfulness to prosecute individuals and leaders for genocide, crimes against humanity and warfare crimes

The timeframe for issuing warrants tin vary, with weeks and adjacent months sometimes elapsing betwixt the constituent astatine which the ICC authoritative requests it, and judges assistance it.

Sometimes the details tin beryllium kept confidential if it's deemed that making them nationalist would lessen the imaginable of an arrest.

Such a determination against Mr Netanyahu, his governmental colleagues oregon Israeli subject commanders would person applicable implications too. It would impact their quality to question widely, arsenic Rome Statute nations are obligated to manus implicit visiting individuals with outstanding warrants against them. However, immoderate of those nations person ignored ICC warrants successful caller years.

Former Israeli Ambassador Michael Oren believes the eventual interaction would beryllium acold wider, changing the communicative of Israeli society

"Generally, it responds to love. It doesn't respond to aggression. If you privation to get concessions retired of Israelis bash not deed them implicit the head, clasp them," helium said.

"All of these measures thin to determination the governmental needle successful this state rightward and not the different way. It would person a boomerang effect, and alternatively than opening pathways to imaginable diplomatic process it volition apt constrict it."

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