ICC Issues Arrest Warrants for Benjamin Netanyahu and Yoav Gallant Over Alleged War Crimes

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The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, citing their alleged involvement in crimes against humanity and war crimes committed between October 8, 2023, and May 20, 2024. The warrants, issued by ICC Pre-Trial Chamber I, mark a significant development in the ongoing investigation into the situation in the State of Palestine.

BREAKING: The ICC has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, former Israeli defence minister Yoav Gallant and Hamas leader Al-Masri.https://t.co/PAiZ4D1jU3

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— Sky News (@SkyNews) November 21, 2024

 

While the warrants are classified as "secret" to protect witnesses and maintain the integrity of the investigation, the ICC has released some details publicly due to the ongoing nature of the alleged conduct and the importance of informing victims and their families.  

 

The ICC Chamber determined that the alleged actions of Netanyahu and Gallant fall within the Court's jurisdiction, reaffirming an earlier decision that the ICC’s authority extends to Gaza, the West Bank, and East Jerusalem. The Chamber chose not to exercise its discretionary powers to assess the admissibility of the cases at this time, leaving open the possibility of further jurisdictional challenges at a later stage.  

 

The allegations against Netanyahu, born October 21, 1949, and Gallant, born November 8, 1958, are serious. As co-perpetrators, the two leaders are accused of crimes including the war crime of starvation as a method of warfare, as well as crimes against humanity such as murder, persecution, and other inhumane acts. Additionally, the Chamber believes there are reasonable grounds to conclude that both Netanyahu and Gallant bear responsibility as civilian superiors for the war crime of intentionally targeting civilian populations.  

 

These allegations and the subsequent arrest warrants highlight grave concerns about the conduct of military and political leaders in the context of the conflict. The decision to release details of the warrants underscores the ICC’s intent to shed light on the ongoing issues and to serve the interests of the victims and their families.  

 

This development also reaffirms the ICC's stance that its jurisdiction applies to territories under dispute, an assertion previously challenged by Israel. The ICC's move is likely to provoke strong reactions internationally, particularly in Israel, which has historically rejected the Court's authority over its officials and actions.  

 

As the warrants remain classified, further steps in the investigation are likely to proceed with caution to protect involved parties and maintain the credibility of the judicial process. These charges against high-ranking officials signal the ICC’s determination to pursue accountability in the context of international law, even at the highest levels of government.

 

Based on a report by ICC 2024-11-21

 

 

 

[0ffshore360]

overdue !

[Chomper Higgot]

1 hour ago, 0ffshore360 said:

overdue !

Well overdue.

[thai006]

WHAT  a shame 

[pattayasan]

Israel has a stark choice to make. Turn these two over or become a pariah nation for a long time to come.

[Jingthing]

25 minutes ago, pattayasan said:

Israel has a stark choice to make. Turn these two over or become a pariah nation for a long time to come.

They'll always have Mike Huckabee.

[Nick Carter icp]

If the ICC wants Netanyahu , they will have to go and get him themselves .

[Nick Carter icp]

33 minutes ago, pattayasan said:

Israel has a stark choice to make. Turn these two over or become a pariah nation for a long time to come.

 

   All the Israel haters will continue hating Israel , all Israel's supporters will continue to support Israel .

   Remember what happened when the Courts kept chasing Donald Trump?

   The people gave him mass support .

Prosecuting Israel on Trumped up charges will just get more support for Israel 

[stevenl]

2 hours ago, Nick Carter icp said:

 

   All the Israel haters will continue hating Israel , all Israel's supporters will continue to support Israel .

   Remember what happened when the Courts kept chasing Donald Trump?

   The people gave him mass support .

Prosecuting Israel on Trumped up charges will just get more support for Israel 

Israel is not being prosecuted.

[proton]

Why do they waste their time with this posturing, he's never going to be arrested nor is Putin. How about arrest warrants for the leaders of Hamas, they ones not dead yet?

Edited 17 hours ago by proton

[proton]

3 hours ago, pattayasan said:

Israel has a stark choice to make. Turn these two over or become a pariah nation for a long time to come.

 

Hamas has a choice, release the hostages they have not killed and surrender, or continue to pay the price for their terrorism.

[dinsdale]

Means very little. The ICC is about as useful as the UN. If Hamas didn't do the Oct 7 atrocities, didn't take hostages and doesn't use human shields this conversation wouldn't be happening. Hamas is an Islamic fundamentalists terrorist group that has zero regard for human lives be it Jews or Arabs. Makes no difference to them.

[Nick Carter icp]

1 hour ago, stevenl said:

Israel is not being prosecuted.

 

   Israel's leadership is , Israel's retaliation about being invaded by terrorists who commit war crimes , rape and mass murder and the  intent on genocide , Israel's leadership is being prosecuted about fighting back against these terrorist rapist murderers who target innocent people 

 

 

[Bkk Brian]

This was written before the warrants were issued and relevant now.

 

The ICC is flirting with disaster with threatened warrants against Israel 

While Khan’s decision will no doubt be applauded by the pro-Hamas mobs at Harvard Yard and the Columbia Quad, this will be an unconscionable and unprecedented misuse of the law, upending the very framework upon which the international legal order is based. 

The IDF has gone to unprecedented lengths, not seen in the history of modern warfare, to abide by the laws of war and avoid harm to civilians, even when doing so has put the IDF’s own soldiers at risk. This has included warning of impending attacks and creating safe corridors for civilians to evacuate through. They have done this while continuing to facilitate the provision of humanitarian aid and supplies, including more than 25,000 aid trucks to date, notwithstanding Hamas continuing to intercept and syphon much of this aid. 

https://thehill.com/opinion/international/4639016-icc-flirting-with-disaster-arrest-warrants-against-israel-netanyahu-halevi-antisemitism-war-crimes/

[pattayasan]

3 minutes ago, Bkk Brian said:

This was written before the warrants were issued and relevant now.

 

The ICC is flirting with disaster with threatened warrants against Israel 

While Khan’s decision will no doubt be applauded by the pro-Hamas mobs at Harvard Yard and the Columbia Quad, this will be an unconscionable and unprecedented misuse of the law, upending the very framework upon which the international legal order is based. 

The IDF has gone to unprecedented lengths, not seen in the history of modern warfare, to abide by the laws of war and avoid harm to civilians, even when doing so has put the IDF’s own soldiers at risk. This has included warning of impending attacks and creating safe corridors for civilians to evacuate through. They have done this while continuing to facilitate the provision of humanitarian aid and supplies, including more than 25,000 aid trucks to date, notwithstanding Hamas continuing to intercept and syphon much of this aid. 

https://thehill.com/opinion/international/4639016-icc-flirting-with-disaster-arrest-warrants-against-israel-netanyahu-halevi-antisemitism-war-crimes/

 

Khan's decision will also be supported by anti-Hamas "mobs" who support the rule of law and want to see justice for the Palestinian people. You will not that Hamas leaders have also been indicted.

 

[Bkk Brian]

5 minutes ago, pattayasan said:

 

Khan's decision will also be supported by anti-Hamas "mobs" who support the rule of law and want to see justice for the Palestinian people. You will not that Hamas leaders have also been indicted.

 

You will not that Hamas leaders have also been indicted.

 

Correction

Perhaps you should note only one Hamas leader has been indicted, the other two are dead, thankfully killed by the IDF and the last one who is indicted is also dead according to Israel.

[pattayasan]

1 minute ago, Bkk Brian said:

You will not that Hamas leaders have also been indicted.

 

Correction

Perhaps you should note only one Hamas leader has been indicted, the other two are dead, thankfully killed by the IDF and the last one who is indicted is also dead according to Israel.

 

I'm pleased that you noyed that because you didn't mention it.

[Bkk Brian]

2 minutes ago, pattayasan said:

 

I'm pleased that you noyed that because you didn't mention it.

Why would I mention it? It was a quote from the article that I did mention was before the arrests.

[pattayasan]

1 minute ago, Bkk Brian said:

Why would I mention it? It was a quote from the article that I did mention was before the arrests.

 

oh, you know, balance perhaps?

[Bkk Brian]

Just now, pattayasan said:

 

oh, you know, balance perhaps?

Yes I know balance but thats not part of the topic on what I know about that. However that's why I pointed out your mistake that Hamas "leaders" were indicted. It was only one and he is also presumed dead. 

[pattayasan]

"That means that currently any state that diplomatically or materially supports Israel's war in Gaza risks supporting crimes against humanity and war crimes.

 

"It's really quite clear to me that third states should take this as a really relevant piece of information in deciding whether they put themselves in legal jeopardy in supporting Israel's war."

 

"It's acknowledged that if Israel was to radically change its position and demonstrate that it was legitimately conducting an investigation and that there is a real prospect of possible prosecutions, then obviously the ICC process would be halted," Professor of International Law at the Australian National University, Donald Rothwell, told the ABC.

 

https://www.abc.net.au/news/2024-11-22/netanyahu-icc-arrest-warrant-affect-israel-allies-but-not-war/104633460

Edited 11 hours ago by pattayasan

[Bkk Brian]

I agree. The absurdity of the ICC decision. I have been on the ground in Gaza multiple times, seen all the historic measures the IDF takes to protect civilians, the actions of Hamas to get civilians killed/harmed, the fields of aid Israel brings in and Hamas tries to stop.

 

 

[nobodysfriend]

" The announcement of arrest warrants by the International Criminal Court (ICC) for Israel’s current Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant has triggered a furious response from leading Israelis across the political spectrum. "

 

Leading Israeli figures across the political spectrum have reacted angrily to the announcement.

President Isaac Herzog called it "a dark day for justice and humanity", saying the decision had "chosen the side of terror and evil over democracy and freedom".

 

The prime minister’s office called it "an antisemitic decision" and said that Israel "utterly rejects the false and absurd charges", labelling the ICC "a biased and discriminatory political body".

 

https://www.bbc.com/news/articles/ckgr4n0720eo

[stevenl]

8 hours ago, Nick Carter icp said:

 

   Israel's leadership is , Israel's retaliation about being invaded by terrorists who commit war crimes , rape and mass murder and the  intent on genocide , Israel's leadership is being prosecuted about fighting back against these terrorist rapist murderers who target innocent people 

 

 

No. Israel is not being prosecuted and its leaders are not being prosecuted for fighting back against terrorists. They are wanted for war crimes.

[Patong2021]

According to some international legal jurists who have prosecuted cases at the ICC, the warrant for the Israelis are flawed and can be challenged on the basis of non compliance with the Rome Statute under which the warrants were issued. 

 

Your attention is drawn to Article 17 of the statute. The court must first give the nation, where the accused are located, the opportunity to investigate and or prosecute. Typically, the period allowed is 60 days for a preliminary investigation. In serious crimes the investigation can take a year or more.  The ICC did not present its allegations to the Ministry of Justice of Israel and did not allow for an Israeli investigation of the allegations or an opportunity to prosecute. Nor did the ICC provide a formal description of its charges. In effect the ICC did not follow its own rules.  

 

One need only read the applicable statute to see how obviously flawed the warrants are.  Either the action was intentional, or an attempt to satisfy some interest groups who are needed for current ICC actions in Africa and Asia. The technical error is so flagrant that even signatories of the treaty may be compelled to ignore the warrants on the basis that the warrants were issued without cause.

 

Article 17 Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

 

2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:

(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;

(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

 

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

 

[newbee2022]

14 hours ago, pattayasan said:

Israel has a stark choice to make. Turn these two over or become a pariah nation for a long time to come.

Israel is the Pariah already

[loong]

The Islamic Republic of Iran must be rubbing their hands in glee seeing how many people support them in their terrorist campaign against Israel, based completely on the fact that Israel is a Jewish state. Will you still support them when they are invading your countries? Oh, I forgot, it has already started in many western democratic nations.

[mikeymike100]

This is Netanyayu's reply to the ICC.................

 

 

[placnx]

1 hour ago, Patong2021 said:

According to some international legal jurists who have prosecuted cases at the ICC, the warrant for the Israelis are flawed and can be challenged on the basis of non compliance with the Rome Statute under which the warrants were issued. 

 

Your attention is drawn to Article 17 of the statute. The court must first give the nation, where the accused are located, the opportunity to investigate and or prosecute. Typically, the period allowed is 60 days for a preliminary investigation. In serious crimes the investigation can take a year or more.  The ICC did not present its allegations to the Ministry of Justice of Israel and did not allow for an Israeli investigation of the allegations or an opportunity to prosecute. Nor did the ICC provide a formal description of its charges. In effect the ICC did not follow its own rules.  

 

One need only read the applicable statute to see how obviously flawed the warrants are.  Either the action was intentional, or an attempt to satisfy some interest groups who are needed for current ICC actions in Africa and Asia. The technical error is so flagrant that even signatories of the treaty may be compelled to ignore the warrants on the basis that the warrants were issued without cause.

 

Article 17 Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

 

2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:

(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;

(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

 

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

 

The Court took a while to issue the warrants. Around 60 countries are reported to have intervened in the matter. As Israel does not recognize the ICC and is not a party to the Rome Statute, the defendants themselves can challenge the indictment if they are ever sent to the Hague. In the meantime, they will have to be cautious in visiting any of the 124 countries who are parties to the Statute.

 

In the above quote the word "genuinely" is key to understanding why the Court has issued the warrants.

[Snackbar]

No credibility