2024-05-01 08:12:27
Concerns grow in Israel over possibility of arrest warrants being issued International Penal Court Against senior Israeli officials – led by the Prime Minister Benjamin Netanyahu-And others because they committed crimes against humanity against the Palestinians in the Gaza Strip.
According to Israeli Channel 12, those mainly affected by the arrest warrants are the leaders of the political and military hierarchy involved in the war against… Gaza stripThey are: Netanyahu and the Minister of Defense Yoav Galant and chief of staff Herzi Halevy.
Despite the violations seen during Israel’s war, which countries and UN officials have described as genocide, the arrest orders are said to be primarily linked to responsibility for the humanitarian crisis and hindering the arrival of aid, which exacerbated the famine.
What happens after arrest warrants are issued?
According to a report prepared by “Walid Al-Attar” for Al-Jazeera, it is practically expected that after the issuance of the unprecedented arrest warrants of the International Criminal Court, a reasoned judicial decision will be issued first , and usually the member states of the court are called, and sometimes UN Security Council To help apply it.
It is also expected that the country concerned, in this case Israel, will be informed of the content of the decision and will endeavor to implement it, then will issue bulletins containing information on the person sought, the reason why they were been arrested. searched for and its supposed location.
As the report explains, people subject to arrest warrants will not be able to travel to the 123 countries that signed the Rome Declaration establishing the Court, or even cross their airspace. However, each country, through its security services, has the right to do so. arrest the accused or not arrest them, because the International Criminal Court does not have the means to control them and bring them in.
However, the law of the International Criminal Court, in the first clause of Article 89, states that States parties must comply with requests for arrest and surrender, and if the persons affected by the arrest decision are of senior officials, then Article 27 states that official status shall not be relied upon in the application of arrest and surrender procedures. However, this article applies to member states of the Court and not to Israel, as that country is not a signatory to the ICC statute.
International judicial custom states that immunity cannot be invoked by officials in international courts, but the local justice system of the country concerned is authorized to prosecute the accused after their immunity is lifted.
It should be noted that the context of the proceedings initiated by the International Criminal Court against Israeli officials due to the current war against Gaza dates back to November 18, when the Court announced that 5 countries had submitted a request for an investigation into the course and effects of the Israeli war. on the Gaza Strip, as well as on the military actions and decisions that accompanied it, to subsequently open the investigation.
Similar actions
Returning to the International Criminal Court’s records regarding prosecutions of international officials, it turns out that in March 2009, the International Criminal Court issued an arrest warrant for the then President of Sudan. Omar al-BashirHowever, African countries signatories to the Court system refused to arrest Al-Bashir during his visit to their territory.
Session of the International Court of Justice (Al Jazeera)
In March 2023, an arrest warrant was issued for the Russian president Vladimir Poutine Because of the war in Ukraine, a case recently raised due to its rapid resolution in relation to Gaza.
Israeli officials remember prosecutions dating back to before the creation of the International Criminal Court.
In Belgium, the “Humanitarian Jurisdiction” law was enacted in 1993, authorizing the prosecution of foreign officials for human rights violations committed outside the country.
Between 2001 and 2003, the form of acceptance of a lawsuit against Ariel Sharon Survivors of the Sabra and Shatila massacre exerted strong pressure on Tel Aviv.
In December 2009, a British court issued an arrest warrant for the former Israeli foreign minister. Tzipi Livni Against a backdrop of accusations of war crimes during the aggression against Gaza in 2008-2009.
Livni traveled to London in the summer of 2016 after leaving her post and officially received a summons for investigation, but communications and pressure from Tel Aviv transformed Livni’s visit from personal to official, so she escaped to prosecution.
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