The move comes after the Prosecutor of the International Criminal Court announced Karim Khan On May 20, he was seeking arrest warrants on charges of crimes related to the attacks launched by Hamas on Israel on October 7 and the Israeli military response in Gaza.
Here’s a look at what could happen next and how the ICC prosecutor’s move could affect diplomatic relations and other issues focused on Gaza.
Will Netanyahu and the Hamas leader be arrested?
- All Member States are committed to International Criminal Court There are 124 countries under the statute of the court to arrest and extradite any individual against whom an arrest warrant has been issued by the court if he sets foot on state soil.
- But the court does not have the means to carry out such an arrest. It does not have a police force, and therefore the arrest of those against whom arrest warrants are issued must be carried out by a member state or a cooperating state.
- If a state does not implement an arrest warrant, the punishment it faces is nothing more than diplomatic attention, such as referral of a state to the Assembly of States Parties to the International Criminal Court and ultimately to the UN Security Council.
- The list of members of the International Criminal Court includes all countries European Union Along with the United Kingdom, Canada, Japan, Brazil and Australia.
- Israel is not a member of the court either US.
Can an investigation or arrest warrant issued by a court be stopped?
- The Court’s rules allow the UN Security Council to adopt a resolution that would suspend or postpone an investigation or… prosecution For a period of one year, with the possibility of renewal annually.
- After an arrest warrant is issued, the country concerned or the person targeted by the warrant can challenge the court’s jurisdiction or whether the case is meritorious.
- The case may be deemed unworthy of admissibility in court international criminal When you are already under investigation or adjudication in a state that has jurisdiction over the alleged crimes.
- But the court has previously made clear that this ground of inadmissibility can only be applied when the state is investigating or prosecuting the same people for the same alleged crimes.
- If a request is made to stop the investigation, the Prosecutor It temporarily suspends the case and reviews whether the state that requested the suspension is actually conducting a genuine investigation.
- If the prosecutor considers that the state’s investigations are insufficient, he can apply to the judges to reopen the investigation.
Can Netanyahu and the other defendants still travel?
- Yes, they can. It does not represent a release Arrest warrant From the International Criminal Court a formal travel ban.
- However, they risk arrest if they travel to a state that is a signatory to the ICC Treaty, which may influence the decisions of the accused.
- There are no restrictions on political leaders, representatives, or diplomats regarding meeting with individuals against whom arrest warrants are issued by the International Criminal Court.
- But on the political level, the general impression that such meetings may raise may be bad.
