With fresh arrest warrants being issued by the International Criminal Court on Thursday, Israeli Prime Minister Benjamin Netanyahu will have fewer travel options, as a handful of foreign countries have announced that they will comply with the ICC’s mandate.
The ICC issued warrants for Netanyahu, Israel’s former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif, alleging that all parties have committed war crimes and crimes against humanity. Deif’s charges have to do with Hamas’s October 7 attack on Israel that left 1,200 dead; Netanyahu and Gallant are being charged over Israel’s brutal war in the year since, which has killed at least 44,000 Palestinians—which is very likely an undercount. Estimates by the medical journal The Lancet from July say the death toll could exceed 186,000.
Israel claims Deif was killed in August; if true, it no longer matters whether or where he is arrested. Netanyahu and Gallant are another story entirely, as they risk arrest if they travel to any countries that are signatories to the Rome Statute. Israel and the United States are not among those countries, but many others are, including Canada, whose Prime Minister Justin Trudeau said Thursday that the country “will abide by all the regulations & rulings of the international courts.”
????Canada PM Justin Trudeau asked about ICC warrants against Israeli leaders + if he will allow Canadian law enforcement to arrest them:
— Prem Thakker (@prem_thakker) November 21, 2024
"…it's really important that everyone abide by international law…we will abide by all the regulations & rulings of the international courts." https://t.co/cbb654j0uA pic.twitter.com/KAAP5C2o5Y
A spokesperson for France’s foreign ministry, Christophe Lemoine, said that while the warrants were a “complex legal issue,” the nation supports the court’s actions. “Combating impunity is our priority,” Lemoine said. “Our response will align with these principles.”
Leaders of the Netherlands gave a clearer answer, saying Netanyahu would be arrested if he set foot on Dutch soil. “The line from the government is clear. We are obliged to cooperate with the ICC ... we abide 100 percent by the Rome Statute,” Dutch foreign minister Caspar Veldkamp said in Parliament Thursday. The Netherlands is home to the court, located in The Hague.
In all, 124 countries are party to the Rome Statute, including every country in the European Union; under the terms of the treaty, Netanyahu and Gallant shouldn’t be able to travel to any of them without being arrested. Other signatories to the Rome statute include the United Kingdom, New Zealand, and Australia.
But the United States is not, and has rejected the warrants out of hand, with the National Security Council saying that “the ICC does not have jurisdiction over this matter. In coordination with partners, including Israel, we are discussing next steps.”
Netanyahu and other Israeli leaders have been accused of war crimes going back to 2023, so this decision from the ICC will be seen by foreign rights observers as a long time coming. The U.S. has thus far avoided any measures holding Israel accountable, whether ignoring its own laws and pronouncements or failing to restrict weapons exports to Israel in Congress. The question is whether the U.S. will intervene to prevent the enforcement of these arrest warrants.
