The arrest warrant is a diplomatic disaster for Netanyahu

THE ECONOMIST | Published November 22, 2024

FOR MONTHS the decision seemed both inevitable and improbable. On November 21st it finally came. The International Criminal Court (ICC) issued arrest warrants for Binyamin Netanyahu, the Israeli prime minister, and Yoav Gallant, until recently the defence minister (pictured right). They are accused of overseeing war crimes during Israel’s year-long war in Gaza against Hamas, a Palestinian militant group. The court also indicted the top commander of Hamas, which carried out a massacre of Israelis that triggered Israel’s assault on Gaza. But it is the charges against the two Israeli politicians that are the real earthquake: a diplomatic disaster for Mr Netanyahu, and perhaps also for the court itself.

Karim Khan, the ICC’s prosecutor, requested the warrants in May. The case he brought is separate from allegations of Israeli acts of genocide against Palestinians pending before the International Court of Justice, which hears disputes between states (the ICC prosecutes individuals). The type of charges brought against Messrs Netanyahu and Gallant are easier to prove than a charge of genocide against Israel would be: they are accused of using starvation as a weapon of war in Gaza, and of directing attacks against civilians in the territory.

The ruling drew near-universal condemnation from Israeli politicians. Bezalel Smotrich, the far-right finance minister, called it a “mark of Cain” on the ICC, while Yair Golan, the head of a left-wing party, called it a “shameful decision”. Many Israelis argued that it was the result of antisemitism: Mr Netanyahu himself called it a “modern Dreyfus trial”, referring to the wrongful prosecution of a Jewish officer in the French army in 1894.

But the charge of antisemitism cheapens the term. Nothing about the court’s history suggests a fixation with Jews. Since it was founded in 2002 the ICC has mostly prosecuted African warlords and despots, the likes of Omar al-Bashir, a Sudanese dictator, and Saif al-Islam Gaddafi, the son of Libya’s longtime tyrant. Over the past two years it has issued warrants for a number of Russian officials, including Vladimir Putin, for the invasion of Ukraine. This is the first time it has indicted Israelis.

Along with Messrs Netanyahu and Gallant, the ICC issued a warrant for Muhammad Deif, the longtime Hamas military chief. He is accused of directing the murder, torture and rape of civilians on October 7th 2023, among other offences. Mr Deif probably cannot stand trial: Israel believes he was killed in an air strike in July (the court issued a warrant because it could not confirm his fate). Mr Khan had also requested warrants for Yahya Sinwar, the architect of the massacre, and Ismail Haniyeh, the group’s leader at the time. Those requests were withdrawn because both men were killed by Israel this year.

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SOURCE: www.economist.com

RELATED: Outrage in Israel over ICC warrants for Netanyahu, Gallant

DW | Published November 22, 2024

After the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, Israelis have responded with outrage. Netanyahu condemned the decision as “antisemitic.”