Arrest warrants for Netanyahu and Hamas: international reactions, symbolism and importance

While, as international analysts have noted, this decision could mark a milestone in world history, several hours have passed since the announcement, and now everyone is standing on the serious symbolism, rather than the importance of the memorandum.

“Israel knew about the potential arrest warrants issued by the ICC because Attorney General Karim Khan went to CNN to announce them,” US Secretary of State Antony Blinken said on Monday, echoing the State Department’s position, with Matthew Miller telling reporters in Washington. State Department, where Matthew Miller told reporters in Washington that “…it is unusual for a prosecutor to make an initial announcement of an arrest on television rather than in a public document.”

Blinken continued in his statement: “There are very troubling questions about the process,” but added: “Israel is ready to cooperate with the Attorney General.” In fact, the Attorney General himself was scheduled to visit Israel early next week to discuss the investigation and hear from the Israeli government.

In fact, Blinken accused Hahn of rushing to seek arrest warrants rather than “allowing the Israeli legal system the opportunity to move forward with investigations into the allegations against its employees” and even warned that Hahn’s actions could jeopardize ongoing efforts to reach a ceasefire and ceasefire agreement. The remaining 128 hostages are released.

It is worth noting that Great Britain, the Czech Republic and Austria immediately opposed the mandate. Czech Prime Minister Petr Fiala said it was “disgusting and absolutely unacceptable” to do something like this. He said, “We must not forget that it was Hamas that attacked Israel in October and killed, wounded and kidnapped thousands of innocent people.”

Austrian Chancellor Karl Neuhammer said: “We fully respect the independence of the International Criminal Court. However, the fact that the leader of the Hamas terrorist organization is being compared to democratically elected representatives at the same time is incomprehensible.”

British Prime Minister Rishi Sunak’s spokesman said that this measure does not help the goal of “stopping the fighting, freeing hostages, or bringing humanitarian aid.”

Biden: There is no equation between Israel and Hamas

The ICC Prosecutor’s request to issue arrest warrants against the Israeli Prime Minister and Defense Minister – Benjamin Netanyahu and Yoav Galland – is “outrageous,” the ICC President (5/20) said today USA Joe Biden.

“Let me be clear: Whatever the prosecutor means, there is no equation — absolutely nothing — between them Israel And Hamas,” the US President confirmed.

Netanyahu: It is cowardly for you to compare me to Hamas

At the same time, the Prime Minister of Israel Benjamin Netanyahu Today he described the ICC Prosecutor’s request to issue an arrest warrant against him as disgraceful.

“I reject with disgust the Prosecutor in The Hague’s comparison between democratic Israel and its butchers agitation“Netanyahu pointed out and added angrily:

“With what audacity to compare Hamas – which killed, burned, slaughtered, beheaded, raped and kidnapped our brothers and sisters – to soldiers of the IDF (Israeli Armed Forces) who are fighting a just war.”

What applies on the basis of international law

But what does international law say about war? Armed conflicts; As the British newspaper wrote guardian In her previous post, law in bello, “Law of war” refers to Permissible Methods But also the means that can be used in wartime by the warring parties and which are based on their agreements Geneva to 1949 And 1977 Protocols

One of the fundamental tenets of international humanitarian law is that it should not Civilians are being targeted. At the same time, it states that in the event of an attack “it may be caused in parallel losses the Injuries Civilians» It shouldn’t happen. Other articles prohibit, among other things, the taking of hostages, excessive destruction, seizure of property and attacks on hospitals. It is also expected that Humanity Helps to Civilians.

Self-defense

In international law, The right to war In dealing with the onset of war, it also refers to the circumstances that justify armed conflict.

One of these conditions is self-defense, which Israel also used as an excuse after its bloody attack last year Saturday in its lands.

As the article states 51 United NationsEvery country reserves the right to defend itself Be armed Attack on her.”

However, this is her right Self-defense It remains subject to international humanitarian law.

Simply put, this means that Legitimacy While the right to self-defense does not allow a state to use unlimited means during war while at the same time being subject to the law of war.

International crimes

At the same time, there is international criminal law that falls within its jurisdiction International Criminal Court And based on National courts. The ICC has jurisdiction over individuals for war crimes, crimes against humanity, and genocide Specific cases Her crime attacks (Waging an illegal war).

the Crimes against Humanity It includes the killing, extermination or expulsion of a population “when committed as part of a widespread or systematic attack, directed against… anyone civil population». War crimes and crimes against humanity are the most common ones investigated by these courts. Unlike war crimes, crimes against them Humanity Genocide should not be linked to armed conflict.

Israel is not a member of the International Criminal Court courtBut Palestine joined in 2015 Crimes Crimes committed in its territory (by any citizen, including non-Palestinians) and by Palestinian citizens (inside or outside its territory) may fall within the jurisdiction of the court. In 2021, International Criminal Court It launched an investigation into alleged war crimes in the Palestinian territories committed by both Israelis and Palestinians, including the 2014 Gaza war. Israel strongly refused To cooperate with the investigation.

Politico: The Hague saved Netanyahu

Nadav Stoechler, a former strategic adviser to Netanyahu’s election campaign, told Politico that Khan’s statement would only help his former boss by forcing opposition politicians and his critics to rally to his defense. He warned that most Israelis will see Khan as targeting Israel, not just Netanyahu.

“Just as it seemed that Benjamin Netanyahu’s days in power would finally be numbered, the International Criminal Court came to his rescue…

The Israeli Prime Minister’s fragile war cabinet was on the verge of collapse this weekend after retired Gen. Benny Gantz – the traditional Israeli politician most likely to end Netanyahu’s long and tempestuous political career – threatened to resign from the government if the Israeli Prime Minister did not present an alternative plan. A post-war model for how to govern Gaza.

Today, the retired general’s “revolution” appears to be on the back burner thanks to the announcement by the Prosecutor of the International Criminal Court, Karim Khan, that he is seeking to issue arrest warrants against Netanyahu and the Israeli Defense Minister, Yoav Galad, along with three Hamas members. Among them is Yahya Al-Sinwar, leader of the Islamic Movement in Gaza.

If Khan and his team of six experts – five of them British, ironically – hope that by accusing both sides of war crimes and crimes against humanity they can impose a lull in the fighting and convince Israel to reconsider its military campaign, they will be. “I am disappointed,” Politico wrote.

“Serious symbolism behind the decision”

Meanwhile, referring to the arrest warrants, Professor Emeritus of the University of Athens and former Deputy Foreign Minister said, Christos RozakisHe estimated that “…it has symbolism and even seriousness.” Specifically, he told ERT: “The importance of the arrest warrant is that it be executed.

But the practical result, unfortunately, does not exist, because one or both must exist in the countries that participated in the International Criminal Court, through ratification of the convention that established it. This does not exist, meaning that neither of the two leaders is in countries that will arrest them or want to arrest them.

Therefore, the only solution there is a symbolic solution. This fact has great weight, meaning that it will also affect the rule of the allies of these two parties, and we will finally see that there is movement in this direction.

On his international side Evangelos Venice Speaking on state television, he estimated that the arrest warrant constituted a “message of truce.” “In practice, and from a legal point of view, it is very difficult to implement the arrest warrant in question,” Mr. Venitis noted. “But there is another practical and theoretical dimension, which is very important, from a semiotic point of view. The theory has an ethical character.”

It is a message to the Israeli leadership, and to Benjamin Netanyahu and his government, that it is in moral decline, both in the context of Israeli public opinion and in the international community. This is the first time that an arrest warrant has been issued against an Israeli official since the establishment of the court.”

“In Israel, it is difficult to enforce an arrest warrant. The international stressed that the same is difficult to apply in the case of Hamas leaders.

He added: “Beyond the symbolic, there is a very important practical dimension, even political. It is a pressure tool that mainly reflects the positions of Joe Biden, Washington and the West in general, but also the international community. A message to the Netanyahu government and Hamas secondarily, but primarily to the Netanyahu government.” “The two sides must sit at the negotiating table and reach a truce. It is a truce message.”