They had been requested on May 20, 2024 by the prosecutor Karim Khan and today the Preliminary Chamber I of the International Criminal Court (CPI) of The Hague issued them: let’s talk about the arrest and arrest warrants For crimes against humanity and war crimes against the Israeli prime minister Benjamin Netanyahuthe former Israeli Defense Minister Yoav Gallant and the leader of Hamas Mohammed Diab Ibrahim Al-Masri (known as Deif). Warrants were also sought against the other two main Hamas leaders, Ismail Haniyeh And Yahya Sinwarbut they were both killed during the war underway in the Middle Eastwith particular reference to Palestine and to Gaza Strip. The official issuing of the warrants sparked the indignant response of some of the highest positions in the State of Israel, such as the president Isaac Herzog and the Minister of National Security Itamar Ben Gvir.
On the other hand, as happened with the arrest warrant issued in 2023 for the Russian president Vladimir Putinprobably theinitiative of the Court will remain alone symbolic because many countries in the world, including Israel, do not recognize the ICC. In this regard, the International Criminal Court is not to be confused with the International Court of Justice of the UN, also based in The Hague: the first is not part of the United Nations and, in short, deals with judging natural personsthe second instead expresses itself and judges them States. Meanwhile, on the other hand, a UN Special Committee dedicated to the Israeli-Palestinian question, however, confirmed, through some reports, the compatibility of Israel’s actions in Gaza with genocide.
Attention: the Israeli-Palestinian issue is extremely complex and delicate and we are aware that any type of summary risks omitting information; therefore this article must be seen in the context of the contents that we have proposed and will propose soon. We therefore invite you not to miss them: you can find everything in the Israel-Palestine War category of our site. Please know that our aim is to make the geopolitical situation understood with maximum neutrality and stimulate interest in further insights.
Having summarized the news, let us also briefly delve into why the ICC’s arrest and arrest warrants will most likely remain ineffective, despite the alleged violation by Netanyahu, Gallant and Deif of the international humanitarian law in the event of war. Although the initiatives of the International Criminal Court have their own political weight and are taken up by the average from all over the world, the organization it is not recognised by the main world powers (United States, China, Russia, India etc.) nor by Israel itself. In total, more than half of the world’s population lives in countries covered by the ICC it has no jurisdiction and therefore no effective power. Added to this picture is that Palestine currently does not enjoy a clear and defined legal status even at the UN.
Finally, beyond the more purely legal question, specifically the Court he has no means of coercion to push countries (even those that recognize its authority) to give in to its demands and its arrest and arrest warrants. Ultimately, therefore, between divergent political interests and legal and action limits, it is very unlikely that the leaders of Israel and Hamas will be arrested and tried by the International Criminal Court, at least at this time.
