ICC’s Authority Undermined as States Debate Netanyahu Arrest Warrant

The International Criminal Court (ICC) is facing challenges in asserting its authority as member states discuss their obligations. The ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, accusing him of war crimes related to the use of starvation in the conflict with Hamas. Arrest warrants were also issued for former Israeli Defense Minister Yoav Gallant and Hamas leader Ibrahim Al-Masri.

Some member states have expressed reluctance or inability to arrest a sitting leader. Italian Foreign Minister Antonio Tajani stated it would be “unfeasible” for Netanyahu to be arrested while he is prime minister. Italy sought discussion on the warrant at the recent G7 meeting, but the alliance did not address the issue directly.

Tajani emphasized the need for practicality, warning that discussing something impractical could be seen as mere political rhetoric. His skepticism contrasts with the European Union’s position that it is mandatory to enforce ICC warrants. EU foreign policy chief Josep Borrell stated that signatory states must implement the court’s decisions.

The ICC, which also has warrants for Russian President Vladimir Putin and other officials, relies on member states to enforce its mandates, as it lacks its own enforcement body. Some European nations, like Ireland, the Netherlands, and Switzerland, are prepared to act on the warrant against Netanyahu. However, many countries are balancing between rejecting the ICC and asserting their willingness to comply.

German government spokesman Steffen Hebestreit expressed doubts about making arrests in this context, linking it to Germany’s history with Israel. Meanwhile, France indicated that Netanyahu might have “immunities” from prosecution.

Hungarian Prime Minister Viktor Orban asserted he would invite Netanyahu to visit and ignore the warrant in protest. Outside Europe, opinions vary, with Canadian Prime Minister Justin Trudeau supporting international law but facing political backlash from opposition leader Pierre Poilievre. Argentina has shown solidarity with Israel, dismissing the ICC. The United States, a close ally of Israel and not an ICC member, called the warrants “outrageous” and reaffirmed support for Israel.

Iranian leader Ayatollah Ali Khamenei criticized the warrant, saying it is inadequate and called for a death sentence for Israeli leaders, despite the ICC lacking such authority.