The International Criminal Court (ICC) yesterday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The warrants were issued on suspicion of alleged war crimes. What does this mean in practice, and is the arrest of Israeli officials a realistic possibility?
The ICC has the authority to issue arrest warrants, but whether Israeli Prime Minister Benjamin Netanyahu can be arrested based on such a warrant involves a host of legal and political complications.
Israel is not an ICC member state
Israel is not a signatory to the Rome Statute, the founding document of the ICC. Although Israel signed the statute, it never ratified it, meaning it does not recognize the court’s jurisdiction over its citizens. According to this framework, the ICC can only prosecute individuals who are nationals of member states or in cases referred by the United Nations (UN) Security Council.
In practice, this means that the ICC cannot directly exercise jurisdiction over individuals like Netanyahu while they remain in Israel, as the state does not acknowledge the court’s authority. However, this does not mean the Prime Minister is immune to international accusations.
Extradition depends on member states’ cooperation
The ICC can issue arrest warrants and request the extradition of accused individuals, but enforcing these warrants depends on the willingness of its member states. If Netanyahu were to travel to a country that is a signatory to the Rome Statute, that country could be legally obligated to enforce the arrest warrant, provided it is both willing and politically prepared to do so.
However, if Netanyahu remains in a non-member state, such as Israel, the court lacks the authority to request his extradition. In such a case, his arrest would largely depend on bilateral political and diplomatic relations and the willingness of the host country to cooperate with the ICC.
Political factors and diplomatic barriers
Political factors also play a significant role in extradition cases. High-ranking officials like Netanyahu often benefit from protection through diplomatic channels. For instance, the United States (U.S.), a close ally of Israel, would likely oppose any actions involving the arrest of the Israeli Prime Minister based on an ICC warrant.
This political factor could be decisive, as many countries that support Israel might be unwilling to take steps that could damage their bilateral relations.
Possibility of referral by the UN Security Council
Although the ICC has the authority to independently initiate investigations and issue arrest warrants, in some cases they may face obstacles, such as political blockade by the UN Security Council. Namely, the UN Security Council can refer cases to the ICC, but such proposals require the approval of all five permanent members, including the U.S., which is extremely close to Israel. Therefore, any attempt to bring a case against Israel to the court could face obstruction and vetoes, reducing the likelihood of criminal proceedings.
Although the ICC has the power to issue arrest warrants, Netanyahu’s arrest depends on numerous factors. Israel’s refusal to recognize ICC jurisdiction, political relationships with other countries, and international diplomatic pressures make the enforcement of such a warrant highly improbable. Theoretically, Netanyahu could only be arrested if he were in a country that is an ICC member and willing to comply with the warrant. However, in reality, political and diplomatic considerations are likely to play a decisive role in determining the outcome of this situation, N1 writes.
E.Dz.
