Yedioth Ahronoth: These are the consequences of the International Criminal Court’s action against Netanyahu and his defense minister. principle

The Yedioth Ahronoth newspaper has raised several questions on its website about the International Criminal Court’s intention to issue arrest warrants against several leaders of Israel and the Islamic Resistance Movement (Hamas) on charges of “war crimes”.

In an analytical article by its political correspondent Itamar Eichner, the newspaper wondered what would happen next, whether there was such a precedent, and why senior leaders of the Israeli military should remain outside the indictment circle.

International Criminal Court prosecutor Karim Khan announced on Monday that he had requested the issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Galant for “war crimes and crimes against humanity.”

The demand also includes 3 Hamas leaders: Muhammad al-Deef, commander-in-chief of the al-Qassam Brigades, the movement’s military wing, Ismail Haniyeh, head of its political office, and Yahya al-Sinwar, its head in Gaza, on charges of “war crimes and crimes against humanity”.

Decline in status

According to the article, Karim Khan’s appeal shows that Israel’s standing on the international stage has sunk to its lowest point in its history “Israeli leaders have always believed they were untouchable, but this is no longer the case.”

For example, the foreign minister of the occupation state, Israel Katz, was not included in the request, and it was limited to Gallant and not other ministers, Eichner replied, saying that the latter was one of the members of the mini-war cabinet, and therefore he was responsible.


Regarding the possibility that the International Criminal Pre-Trial Chamber would approve its lawyer’s request, the newspaper’s reporter said it was hard to believe the chamber would not issue an arrest warrant for Gallant, but it would link Netanyahu to his defense minister. “Since they are both accused of the same crime, there is a possibility that one of them will implicate the other.”

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Does this mean Netanyahu and Galant cannot travel abroad once an arrest warrant is issued against them?

Eichner answered the question in the affirmative, expecting that no European country would be willing to invite them to avoid the dilemma of handing them over to the International Criminal Court.

Regarding the possibility of canceling the arrest warrants, the Israeli newspaper believes that canceling them will be difficult, although Israel is unlikely to cooperate with the court.

Late

The newspaper’s correspondent denies that the criminal court is vulnerable to international political pressure as it has passed the stage of political pressure and is no longer able to influence the public prosecutor.

The newspaper wonders: How can the prosecutor balance Sinwar, Netanyahu and Gallant?

To which Eichner replied, Karim Khan did not equate the parties involved in the case, but interrogated them and made his observations about their crimes.


But the author fears there will be additional legal consequences affecting Israel, saying international organizations and non-governmental organizations may instigate cases against Israel in foreign courts.

As to whether there are precedents for arrest warrants issued against foreign leaders, the newspaper reported that in 2014, an international criminal prosecution ordered the arrest of Kenyan President Uhuru Kenyatta on charges of masterminding ethnic cleansing. 2007 Presidential Election.

The newspaper believes that the two military commanders are the reason the prosecutor did not seek arrest warrants for those leading the war in Gaza, the Israeli army’s chief of staff or the commander of the Southern Command. The implementers are not the decision-makers, and the court is concerned with those who issue orders, not those who enforce them.

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He said the reason that prompted the attorney general to submit publicly was not the secret request to issue arrest warrants, but that the secret request would deprive him of control of the process and allow judges to issue arrest warrants against Netanyahu first. Not against Chinwar, which would cause a serious crisis between the International Criminal Court and the Americans.

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