ICC considering issuing war crimes arrest warrants for Netanyahu, others – report
The surprising news could be inexact given ICC’s jurisdictional rules
The International Criminal Court may be considering issuing international arrest warrants in the relatively near future against Prime Minister Benjamin Netanyahu and other top officials for alleged war crimes, N12 reported Thursday night.
Around 125 countries are members of the ICC, including essentially all of Europe, and are bound by treaty law to honor the ICC’s arrest warrants, though there have been examples of countries protesting such warrants and refusing to honor them.
The report was extremely puzzling given that the ICC has not decided all of the relevant jurisdictional questions it is supposed to decide before reaching an arrest warrants stage.
For example, the ICC is first supposed to address the issue of complementarity, which is the legal question of whether Israel properly probes itself sufficiently such that the ICC would not have the right to address any war crimes complaints based on complementary or additional jurisdiction.
There has been significant debate about this issue given that the IDF has a robust preliminary probes and criminal probes mechanism for investigating war crimes.
It carried out 32 criminal probes and around 500 preliminary probes regarding the 2014 Gaza conflict and is expected to carry out thousands of probes regarding the much longer and larger current war.
The ICC might still decide that the probes do not lead to enough convictions or jail time, but this was always expected to be a process where Israel and its allies would weigh in over a period of months or longer, as occurred regarding the question of whether the ICC could recognize Palestine as a state to enable it to have basic jurisdiction from an ICC member state from 2019-2021.
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Catch you all later.