Something unprecedented happened at the International Criminal Court (ICC) on Monday: the chief prosecutor Karim Khan announced that he would seek an arrest warrant for the leaders of the extremist organization Hamas, as well as for the Prime Minister of Israel Benjamin to Netanyahu and to the Minister of Defense To Yoav Gallant.
According to Khan, there is reason to suspect that Netanyahu and Gallant are responsible for war crimes and crimes against humanity in the Gaza Strip.
It is the first time that an ICC prosecutor has sought an arrest warrant for an ally of the United States and other Western countries.
In the United States, the president Joe Biden The administration overturned the attorney general’s decision on Monday.
Because of this, the prestige of the ICC is now being tested. The ICC must deal with war crimes in accordance with international law, regardless of who is suspected of committing war crimes.
In turn, ICC member countries must comply with any arrest warrants. If Israel’s allies were to support Israel even after a possible war crime conviction, the weight of the ICC’s decisions would weaken. The same would also happen to the credibility of Western countries as promoters of a rules-based world order.
The ICC creates international politics in the twists and turns
Many influential states are not members of the ICC. This is the case, for example, with the United States and Israel.
ICC member countries are also not, for example, China, Russia, Saudi Arabia or India.
In recent years, world powers have appealed to ICC decisions when it has suited their political aspirations. In the most unpleasant situations, they have pleaded that the ICC has no jurisdiction over them.
The United States supports the arrest warrant issued by the ICC for the Russian president About Vladimir Putin Because of war crimes committed by Russia in Ukraine. The US even allowed it in 2022 ICC to conduct an investigation related to the war in Ukraine in the United States, although neither Russia nor Ukraine are members of the ICC.
Now the United States says, that the ICC has no jurisdiction to investigate Israel’s actions in Gaza, even though Palestine is a member of the ICC. Republicans in the US House of Representatives are even threatening the ICC with sanctions.
Russia, on the other hand, has taken advantage of the opportunity. Kremlin spokesman Dmitry Peskov criticized on Tuesday the US attitude towards the ICC investigation. However, it must be remembered that Russia itself issued an arrest warrant for Chief Prosecutor Khan and other high-ranking ICC officials last year.
Emeritus Professor of International Law Martti Koskenniemi says he is concerned about the erosion of the ICC’s influence. He would be even more worried if the ICC had acted contrary to its basic jurisdiction.
– The ICC’s influence has weakened in the eyes of the global south in the 21st century, when these leaders who have been prosecuted there are mostly leaders from Africa or at least from the global south, says Koskenniemi.
According to Koskenniemi, the ICC really had no choice but to consider issuing an arrest warrant.
– The conditions for indictment are clearly met. If the warrant application had not been made, the ICC would have appeared to only investigate the crimes that Western countries wanted it to investigate.
Putin has not exactly ignored the ICC arrest warrant. Netanyahu, on the other hand, would have more to lose if relations with the West were to break. According to Koskenniemi, the ICC’s decisions will therefore not remain completely symbolic.
– Indicted persons cannot act normally in the international field. They cannot move in countries that take these arrest warrants seriously, says Koskenniemi.
EU divided
EU countries are also ICC member countries. There is already division among them over the arrest warrant.
France said late Monday that it supports the independence of the ICC.
– France supports the International Criminal Court, its independence and the fight against impunity in all situations, the country’s foreign ministry said in a statement.
Several EU countries, such as Denmark, say they respect the independence of the ICC investigation. At the same time, however, it has been questioned that Khan is requesting arrest warrants for the leaders of both Hamas and Israel at the same time.
On this basis, for example, Germany strongly criticizes Khan’s decision.
– The Israeli administration has the right and duty to protect and defend its citizens, says the spokesperson of the German Foreign Ministry.
Valtonen: Finland follows the ICC line
Finland is also a member of the ICC. It also has close relations with Israel.
For example, in November, Finland signed a contract worth more than 300 million euros for the acquisition of an Israeli air defense system.
During the Gaza war, Finland has been cautious in its criticism of Israel’s military actions and refrained from voting in favor of the UN’s first cease-fire motion regarding the Gaza war.
So how would Finland act if Israeli leaders are ordered to be arrested? What would happen if Netanyahu, for example, traveled to Finland?
According to Martti Koskenniemi, the matter is clear: He should be arrested.
Foreign minister Elina Valtonen (collector) tells that Finland follows the ICC’s line and supports its independent work. However, he does not want to comment on what Finland would concretely do if an arrest warrant is issued for Netanyahu.
– Then when it’s time for judgments, we’ll see what the judgment is, Valtonen says.
Sources: Reuters, AFP, Politico