How the PA turned Netanyahu into a ‘wanted man’ with ICC warrant

The International Criminal Court (ICC) initiated on Thursday arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

“The Chamber issued warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024,” the ICC said in a statement.

The warrant for the arrest of Israel’s prime minister has potentially huge ramifications, with Netanyahu now being “a wanted man”, as the Secretary General of Amnesty International Agnes Callamard put it.

The ICC’s move theoretically limits the movement of Netanyahu, as any of the court’s 124 national members would be obliged to arrest him on their territory, with several countries already having said they would uphold the Hague-based court’s ruling.

This significant development could not have occurred without action taken by by the State of Palestine, which played a key role in advancing the legal arguments and evidence that led to the issuance of the arrest warrants. Through sustained diplomatic and legal advocacy, Palestine was instrumental in bringing the alleged crimes under the jurisdiction of the ICC, ultimately prompting the Court’s intervention.

The New Arab takes a closer look at how the State of Palestine helped turn Netanyahu into a wanted man.

How the State of Palestine got the ICC involved

For years, Palestine has been pushing the ICC to investigate alleged Israeli crimes, and this push intensified during and after the beginning of Israel’s war on Gaza.

After Palestine gained UN observer state status in 2012, it was able to gain access to the ICC by signing the Rome Statute, which governs the ICC, in 2015. After this the State of Palestine has continually worked to bring Israeli violations within the ICC’s jurisdiction, beginning in 2018, when the PA formally requested that the ICC investigate serious crimes committed in Palestine since 13 June, 2014

The sheer brutality of Israel’s latest war on Gaza provided renewed impetus for Palestine to push the ICC to act, as Palestinian leaders presented detailed evidence of civilian casualties, destruction of infrastructure, and widespread human suffering inflicted by the Israeli army.

In particular, Palestine’s legal submissions emphasised the deliberate targeting of civilians and critical infrastructure by Israeli forces. The dossier submitted by Palestine included testimonies, videos, and data aimed at demonstrating a systematic disregard for international humanitarian law in Gaza. These submissions helped persuade the ICC Prosecutor Karim Khan to seek arrest warrants against top Israeli officials, such as Netanyahu and Gallant, citing them as bearing responsibility for the escalation and its humanitarian consequences.

What are Netanyahu and Gallant charged with?

The ICC has charged Netanyahu and Gallant with war crimes and crimes against humanity, which the State of Palestine has helped document.

They include war crimes such as using starvation as a method of warfare, specifically depriving the civilian population in Gaza of essential resources such as food, water, medicine, and medical supplies.

They also include crimes against humanity, such as murder, persecution and “inhumane acts”, as well as intentionally directing attacks against civilians by means of military operations.

What could the ramifications of the charges be?

For Israel, the arrest warrants  could potentially lead to major diplomatic challenges.

As previously mentioned, Netanyahu could face restrictions on international travel, especially to countries that are members of the ICC. This could complicate Israel’s foreign relations and hinder Netanyahu’s ability to engage in international diplomacy.

The charges could also increase scrutiny on Israeli military operations and potentially weaken Israel’s stance in international forums, with the warrants acting as an impetus for pending cases against Israel regarding issues such as weapons sales.

The arrest warrants make legal arguments that Israel is breaking International Humanitarian Law much easier to make, which in turn makes selling weapons to it difficult for many Western allies. 

It also places Netanyahu in a veritable rogues’ gallery of international criminals, joining the likes of former Sudanese dictator and alleged purveyor of genocide Omar al-Bashir and Vladimir Putin on the list of international figures wanted by the ICC.

For the State of Palestine, the issuance of these warrants is a diplomatic victory that reinforces its standing in international bodies. It is the first time since the beginning of the conflict that Israeli leaders have been held accountable globally.

However, this move risks potential backlash from powerful allies of Israel, particularly the US, which recently passed legislation threatening to cut funding to the PA if it pursued legal action against Israel through the ICC.