How Israel is Appealing the ICC Warrant for PM Netanyahu
Although Israel is not a signatory to the Rome Statutes that created the International Criminal Court (ICC), the Israeli government announced the decision to challenge the warrant issued by the court for the prime minister and former defense minister.
Right after the warrants were released, Israeli prime minister, Binyamin Netanyahu stated that the government will appeal to the court and file for a delay of the implementation of the warrant. This is in line with procedural rules.
In a recent statement by an Israeli government spokesperson, the intention for the appeal is in the interest of justice in clarifying Israel’s positions in the war, and against the miscarriage of justice[1].
The fundamental argument of the Israeli legal team is that the accusations are baseless.
Thus, two appeals have been filed so far[2].
First of all, Israel challenges the procedural approach used by the prosecutor. Israel asserts that the ICC’s rules required the prosecutor to provide a new notification of his investigations relating to an ongoing war.
The ICC works on the principle of “complementarity” which requires them to cooperate and liaise with national courts. Instead of doing that, the ICC prosecutor relied on a notice issued in 2021, which is unrelated to the current October 7th war. Failure to provide a relevant notification for the ongoing war affects the procedural validity used to demand the warrant.
Secondly, an appeal was presented claiming that the ICC has no jurisdiction over Israelis. There are questions and disputes about whether the Palestinian Authority’s decision to join the ICC is valid. However, the appeal limits its claims to the fact that under the laws of international treaties, the ICC has no power to demand action against Israelis who are not members of the Rome Statute.
On the specifics, Israel’s appeals reject the allegation that Israel is committing the crimes of murder, and starvation.
Israel insists that Hamas’ tactic of hiding behind civilians leads to the killing of civilians. And in all cases, Israel balances military necessities with humanitarian costs. Thus, with extensive evidence of their conduct in the war, Israel is ready to challenge the accusation of the prosecutor as being baseless and unfounded.
Another aspect of the appeal is that Israel presents enough aid to the Gaza Strip. As the agreement is, Israel is to ensure that aid gets to the Gaza border. When Israel last tried to distribute aid in the Gaza Strip in March 2024, the IDF soldiers were stampeded, five people died, and Israel was required by the US and other states to explain the chaos[3].
Thus, Israel is obligated to send aid only to the Gaza border. The appeal highlights the fact that Israel presents more than enough aid to the Gaza border. However, challenges with distribution, hoarding, and looting ensures that essential aid does not get to Gaza’s civilians.
In conclusion, many procedural and factual errors are inherent in the pointers that led to the issuance of a warrant against the Israeli prime minister and former defense minister. This includes the breach of the complementarity principle and the invocation of unfounded accusations against Israel. Most of the evidence is locked away from the public. However, what is available shows a significant number of amateurish mistakes that give rise to an appeal. If the ICC chooses to proceed with the warrant, a lot more gaps are likely to unfold.
[1] Freddie Clayton & Omer Bekin. "Israel appeals ICC arrest warrants; Gaza death toll nears 45,000" NBC News. Published: December 15, 2024. Available at: https://www.nbcnews.com/news/world/israel-strikes-schools-shelters-gaza-death-toll-rcna184286
[2] Jeremy Sharon. "Appealing ICC arrest warrants, Israel says court violated its own charter and rulings" Times of Israel. Published: December 15, 2024. Available at: https://www.timesofisrael.com/appealing-icc-arrest-warrants-israel-says-court-violated-its-own-charter-and-rulings/
[3] Reuters. "Israeli military review of Gaza aid convoy deaths finds most killed in stampede" Published: March 3, 2024. Available at: https://www.reuters.com/world/middle-east/israeli-military-review-gaza-aid-convoy-deaths-finds-most-killed-stampede-2024-03-03/
