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ICC Netanyahu arrest warrant creates diplomatic dilemma for members

  • By Al Mayadeen English
  • Source: Agencies
  • 22 May 2024 21:31
3 Min Read

The UK which has been part of the ICC since 2001 has questionned the court's jurisdiction, while Italy alleges potential antisemitism fueling.

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  • Exterior view of the International Criminal Court, or ICC, in The Hague, Netherlands, Tuesday, April 30, 2024. (AP)
    Exterior view of the International Criminal Court, or ICC, in The Hague, Netherlands, Tuesday, April 30, 2024. (AP)

An analysis by Reuters revealed on Wednesday that International Criminal Court Prosecutor Karim Khan's request for an arrest warrant against Israeli Prime Minister Benjamin Netanyahu has left key member states in a diplomatic dilemma over balancing support for both "Israel" and the ICC.

Khan's unprecedented move, aiming to hold a sitting Western-backed leader accountable, awaits review by ICC judges. The request which focuses on war crimes and crimes against humanity during the Gaza genocide has raised questions among ICC backers about their loyalty.

While some capitals, including Paris, London, and Berlin, were informed beforehand about the arrest warrants, responses remain uncertain. German officials are for instance facing tensions between backing their Israeli ally's security and supporting ICC independence.

The US has on its part condemned the move and rejected equivalence between Hamas and "Israel". Senators in Congress have threatened to mobilize a team of lawyers to sanction the ICC. Nonetheless, European divisions on the matter have exposed wider disagreements over Palestinian statehood.

Read more: US Senator Graham threaten to sanction ICC over arrest warrant

The UK which has been part of the ICC since 2001 has questioned the court's jurisdiction, while Italy alleges potential antisemitism fueling. France advocates for ICC independence but stresses compliance with humanitarian law. Spain on its part has expressed support for the ICC's investigation.

Related News

South Africa says 'no chance' to withdraw ICC case against 'Israel'

ICC reports coercion, threats over Netanyahu, Gallant arrest warrants

The ICC's request raises concerns about limiting Netanyahu's and Security Chief Gallant's travel, but executing warrants relies on member states.

"It would be especially damaging if European countries fail to observe arrest warrants, as they have always been among the court's most active supporters," Anthony Dworkin, senior policy fellow at the European Council on Foreign Relations, told Reuters. 

Palestinian factions praise Ireland, Spain, Norway's state recognition

Earlier today, the Hamas Movement welcomed the announcement by Ireland, Norway, and Spain of recognizing the State of Palestine, urging countries around the world to follow in their lead and recognize the legitimate national rights of the Palestinian people.

In a statement, the movement described this announcement as an "important step" on the path of establishing the Palestinians' right to their land and independent state with al-Quds as its capital. 

Read more: ICC arrest warrants put international law to test: WaPo

A member of the political bureau of Hamas, Bassem Naim, praised this move and told AFP, "These successive recognitions are the direct result of this brave resistance and the legendary steadfastness of the Palestinian people."

He added that this would be a turning point in the international position on the Palestinian cause and would help put pressure on the Israeli occupation and its allies. 

Naim also said that this move will encourage many countries around the world to recognize Palestine as an independent state, expressing appreciation for the political courage exhibited by these countries despite the immense pressure. 

  • ICC court
  • war on Gaza
  • ICC
  • Karim Khan
  • Benjamin Netanyahu
  • war crimes
  • European Union
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