RAMALLAH/TEL AVIV/THE HAGUE (The Thursday Times) — Sources both within the Israeli Government and externally report a growing belief that the International Criminal Court (ICC) is preparing to issue arrest warrants against senior officials from both the Israeli government and Hamas, The Thursday Times has learnt. These reports are based on the statements of five officials who requested anonymity due to the sensitivity of the information provided. The ICC’s prosecutorial office, when approached, chose not to comment on these speculations.
According to these officials, the ICC might target high-ranking Israeli leaders, accusing them of impeding humanitarian aid to Gaza and of responding disproportionately to the Hamas-led attacks on Israel on October 7. Prime Minister Benjamin Netanyahu is speculated to be among those potentially named in the arrest warrants. The exact charges or individuals from Hamas that might be targeted remain unclear at this stage.
The Israeli officials have expressed concern about the international and domestic consequences of such ICC actions. They regard potential arrest warrants as a significant moral and legal censure, especially given the global criticism of Israel’s actions in Gaza, which have been described as excessive by figures including President Joe Biden.
These potential legal moves by the ICC are believed to be influencing Israeli policy decisions amidst the ongoing military actions against Hamas. The officials shared that they are uncertain about the current stage of the ICC’s warrant approval process, which involves a panel of judges and does not guarantee a trial or immediate arrest.
ICC Chief Prosecutor Karim Khan has acknowledged ongoing investigations into war-related incidents but has refrained from discussing specifics in response to media speculation. Prime Minister Netanyahu has publicly criticised the ICC’s potential actions, arguing that they pose a threat to all democracies engaged in combating terrorism. He asserts that under his leadership, Israel will resist any ICC attempts to undermine its right to self-defense.
The ICC, located in The Hague, is unique as a permanent international tribunal capable of prosecuting individuals for war crimes, genocide, and crimes against humanity. It lacks its own enforcement arm and relies on member states to execute arrests. Both Israel and the United States are not members of the ICC, complicating the enforcement of any warrants issued.
Furthermore, these developments occur against a backdrop of severe conflict, with the Hamas-initiated attacks in October resulting in significant casualties and abductions. The continuing conflict has devastated Gaza, leading to tens of thousands of deaths and extensive infrastructural damage, pushing the region towards a humanitarian crisis.
The issuance of arrest warrants would not only stigmatise those named but also place them alongside other global figures previously indicted by the ICC, such as Sudan’s Omar al-Bashir and Russia’s Vladimir Putin. The ICC’s focus remains on individual rather than state accountability, distinguishing it from the International Court of Justice, which addresses disputes between states.
These potential developments are part of a broader scope of investigations by the ICC, including probes into the 2014 conflict between Israel and Hamas. Both Hamas and the Israeli military have not commented on the issue. Israeli defense officials emphasise adherence to the laws of war, while Hamas denies allegations of targeting civilians on October 7, despite contrary evidence.
