Israel appeals ICC arrest warrants against Netanyahu and Gallant

Photo: Shir Torem Archives/Pool via Agence France-Presse The International Criminal Court has issued arrest warrants for Mr. Netanyahu and Mr. Gallant for crimes against humanity and war crimes in the Gaza Strip.

Agence France-Presse in Jerusalem

Published yesterday at 6:08 p.m.

• Middle East

Israel on Wednesday notified the International Criminal Court (ICC) of its intention to appeal arrest warrants for Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant, Netanyahu's office said.

Pending a decision on the merits, Israel has also asked the ICC to suspend the execution of these two arrest warrants, the Israeli Prime Minister's office said in a statement.

The Court, which sits in The Hague, issued arrest warrants on November 21 against Messrs. Netanyahu and Gallant for crimes against humanity and war crimes in the Gaza Strip, where Israel is conducting a military operation in retaliation for the unprecedented attack carried out on its soil on October 7, 2023 by the Palestinian Islamist movement Hamas.

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An arrest warrant for the same reasons had also been issued against the head of the armed wing of Hamas, Mohammed Deif, whom the Israeli army announced it had killed, which has never been confirmed by the movement.

Immunity ?

The arrest warrant for Benjamin Netanyahu has raised the question of his immunity, particularly in France.

An article of the 1998 Rome Statute establishing the ICC addresses the issue of the immunity of leaders of countries that do not recognize the court, even if it can remain open to various interpretations.

“The State of Israel contests the jurisdiction of the ICC and the legitimacy of the arrest warrants issued against the Prime Minister and the former Minister of Defense,” also states the press release from Mr. Netanyahu's office.

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The Israeli prime minister met in Jerusalem on Wednesday with US Senator Lindsay Graham, who informed him, according to the statement, “of the steps he is taking in the US Congress against the International Criminal Court and against countries that cooperate with it.”

If the Court rejects the appeal, “it will further demonstrate to Israel’s friends, in the United States and around the world how biased the International Criminal Court is against the State of Israel,” he concluded.

For its part, the Court has not directly commented on the appeal notified by Israel.

“If there is a request for an appeal, it will be up to the judges to decide,” ICC spokesman Fadi El-Abdallah told reporters.

The war in Gaza was triggered by the Hamas attack, which resulted in the deaths of 1,207 people on the Israeli side, mostly civilians, according to an AFP count based on official data, including hostages killed or killed in captivity.

The Israeli offensive carried out in retaliation in Gaza has left at least 44,282 dead, mostly civilians, according to data from the Hamas Health Ministry, deemed reliable by the UN.