The announcement that the International Criminal Court (ICC) may issue arrest warrants for Israeli and Hamas leaders has sparked intense reactions, particularly from Israeli Prime Minister Benjamin Netanyahu. Netanyahu vehemently condemned the potential warrants for war crimes and crimes against humanity, describing it as “a moral outrage of historic proportions.” He asserted that Israel is engaged in a just war against Hamas, which he labeled a genocidal terrorist organization responsible for the worst attack on the Jewish people since the Holocaust.
In a sharp personal attack, Netanyahu accused ICC Chief Prosecutor Karim Khan of being one of the “great antisemites in modern times,” comparing him to judges in Nazi Germany who facilitated the Holocaust by denying Jews basic rights. Netanyahu criticized Khan’s decision to seek arrest warrants against Israeli leaders as inflaming antisemitism globally.
Netanyahu’s statement, released in English to reach an international audience, highlights the deep anger and opposition within Israelâs political leadership. This reaction was provoked by the ICC’s detailed allegations against both Israeli and Hamas leaders, emphasizing the application of international law to all parties without exception.
Khan’s statement underlines that no individual, regardless of their position, can act with impunity. He stressed the necessity of applying the law consistently to prevent its collapse. This balanced approach, holding both sides accountable, has incited significant anger, particularly in Israel.
US President Joe Biden also expressed outrage, stating there is “no equivalence – none – between Israel and Hamas.” Meanwhile, Hamas demanded the withdrawal of the allegations against its leaders, accusing the ICC of equating victims with perpetrators. They argued that the allegations against Israeli leaders were delayed, following extensive crimes committed by Israeli forces.
Khan outlined that both sides in the conflict have committed serious war crimes and crimes against humanity, placing these actions within the context of both international and non-international armed conflicts involving Israel, Palestine, and Hamas. The ICC treats Palestine as a state due to its observer status at the United Nations, enabling it to sign the Rome Statute.
Netanyahu has firmly stated that Palestinians will never achieve independence under his leadership. Human rights groups have welcomed the ICC’s actions, seeing them as a necessary step toward accountability for violence and destruction. Israeli human rights organization B’Tselem described the warrants as highlighting Israelâs moral decline and signaling that the international community demands accountability.
Human rights advocates argue that Western countries, especially the US, have long overlooked Israeli violations of international law. Khan’s actions are seen as overdue measures to address this imbalance.
The ICC’s investigation also implicated three key Hamas leaders in war crimes, including extermination, murder, hostage-taking, rape, and torture. The accused include Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh. Khan emphasized that the suffering inflicted by Hamas through calculated cruelty has violated fundamental human values.
While Israel retains the right to self-defense, Khan asserted that it must comply with international humanitarian law. The failure to do so justified arrest warrants for Netanyahu and Defense Minister Yoav Gallant for crimes such as starvation of civilians, murder, and intentional attacks on civilians.
US President Biden has cautioned Israel about its actions in Gaza, expressing concern over civilian casualties and infrastructure damage. However, Biden’s administration has not explicitly detailed these concerns in public. Khanâs clear interpretation alleges that Israel has chosen criminal methods in its war efforts.
If the ICC issues arrest warrants, signatory states to the Rome Statute would be obliged to detain the accused if possible. This could severely restrict Netanyahuâs ability to travel to close Western allies without risking arrest. While the US does not recognize the ICCâs jurisdiction in this conflict, creating a potential divide within the Democratic party, the arrest warrants could have significant diplomatic repercussions.
Netanyahu would find himself among leaders like Russian President Vladimir Putin and the late Colonel Muammar Gaddafi, both of whom faced ICC warrants for serious crimes. This association is notably detrimental for a leader who prides himself on Israelâs democratic values.
