ICC's Integrity on the Line: Arrest Netanyahu and Gallant

The International Criminal Court (ICC) has always been a post of hope for victims of war crimes and crimes against humanity. Its core existence has been to strive to ensure justice is served regardless of political stature or power.

However, the court's effectiveness and credibility hinge on its ability to enforce its mandates without fear or favour.

It’s decision to issue warrants for the arrest of Benjamin Netanyahu and Yoav Gallant have thrust Israeli and American leaders into the spotlight, raising questions about accountability and the rule of law internationally.

Now, the ICC stands at a point as calls grow for it to execute arrest the warrants of arrest for Netanyahu and Gallant, and pursue US officials like President Joe Biden, Secretary of State Antony Blinken and National Security Advisor Jake Sullivan.

The cries of demand stem from war crimes and acts of genocide committed by Israel, with in tow, a complicit US and the substantial weapons, armoury and military advice, it has provided, in the aftermath of Hamas's strategic military strike on October 7, 2023.

When, Hamas launched what many military experts and analysts around the world have described as a major military strike against Israel, the fallout of what came next was inevitable.

Hamas’s leadership would never have been naïve – it knew what would come would lead to immediate and devastating retaliation.

Israel's response, under Netanyahu and Gallant, involved extensive military operations in Gaza, the West Bank and now Rafah, with more than 800,000 Palestinians now fleeing for their lives over the past few days.

Reports from human rights organisations and international observers highlight the disproportionate use of force, targeting of civilian infrastructure, and widespread human suffering.

The IDF have overwhelmingly committed serious violations of international humanitarian law, regarding the principles of distinction and proportionality.

Innocent men, women, and children have endured the most of the IDF’s ruthless operations, with casualties mounting daily, and that’s without knowing how many bodies are busied under the rubble of a decimated Gaza.

Homes, schools, hospitals, and all essential services haven’t only been destroyed but have left Palestinians facing a humanitarian crisis.

Netanyahu and Gallant’s crimes haven’t only been devastatingly serious, they’ve been instrumental in orchestrating military strategies that have led to indiscriminate killings, mass displacement, and the systematic destruction of civilian life enacted – all war crimes and acts of genocide under international law.

Defined by the 1948 Genocide Convention, genocide involves acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. The scale and intensity of the Israeli military's operations, coupled with documented statements and actions, point to a deliberate attempt to decimate the Palestinian population, fulfilling the criteria.

As is with most successful acts in showbusiness, if there is no Stan Laurel, then there’s no Oliver Hardy, which is why it’s not hard to draw a direct line of complicity by the US which is impossible to ignore.

A long-time staunch ally of Israel, the US has been consistently providing military aid, political support, and diplomatic cover for decades, and the involvement of US officials formulating and endorsing policies that have led to the escalation of violence further, implicates them in war crimes against the Palestinian people.

Biden, Blinken, Sullivan, have all played roles in shaping US foreign policy towards Israel, particularly in the wake of the October 7.

The US’s actions haven’t only supported Israel's military operations but stymied international efforts to mediate and de-escalate the war. America’s level of involvement raises questions about its accountability under international law.

The ICC was established to prosecute war criminals like Netanyahu and Gallant for war crimes that threaten the peace, security, and well-being of the world: genocide, war crimes, crimes against humanity, and the crime of aggression.

If the ICC is to maintain its legitimacy and fulfill its mandate, it must act in cases involving powerful political figures, regardless of who they are.

Executing arrest warrants for Netanyahu and Gallant and pursuing investigations against Biden and various members of his administration, would reaffirm the ICC's commitment to impartial justice - sends the message no one is above the law, and the ICC is prepared to hold accountable anyone who facilitates mass atrocities.

What is clear is the path to accountability has its challenges. Israel and America aren’t signatories to the Rome Statute - a treaty the ICC established. Being non-members complicates matters and the enforcement of arrest warrants. Political resistance poses a significant hurdle.

However, the ICC does have mechanisms to address those challenges with the principle of universal jurisdiction allowing for the prosecution of war crimes and genocide being a concern to the international community.

Furthermore, the UN Security Council can refer matters to the ICC, even though hindered by the political dynamics among permanent members.

Despite the challenges, pursuing justice is critical. The ICC's actions can provide a semblance of justice to Palestinians and signal a global commitment to upholding human rights and international law. Pursuing high-profiled cases, the ICC can inspire confidence in the international justice system and potentially deter future atrocities.

Holding war criminals like Netanyahu and Gallant to account catalyse broader reforms – it encourages states to strengthen their domestic legal systems to address crimes and promote international cooperation in the fight against impunity.

The ICC’s ability to execute the arrest warrants for Netanyahu and Gallant, and hold US officials accountable, positively impacts its credibility and effectiveness.

Should the ICC act, it will reaffirm its commitment to justice and uphold the principles of international law. It also ensures Netanyahu, Gallant, Biden and Blinken will inevitably find themselves behind bars.