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View: The International Criminal Court's warning to Netanyahu

The ICC's decision to pursue a warrant for Benjamin Netanyahu's arrest could strengthen his determination to continue the conflict in Gaza, claims Peter Bergen.

Exclusive: ICC chief prosecutor explains why he's seeking arrest warrants for leaders of Hamas and...
Exclusive: ICC chief prosecutor explains why he's seeking arrest warrants for leaders of Hamas and Israel. Karim Khan, ICC Chief Prosecutor, tells CNN's Christiane Amanpour why he's seeking arrest warrants for Hamas and Israeli leaders on war crimes charges.

View: The International Criminal Court's warning to Netanyahu

The International Criminal Court (ICC) is a tribunal that prosecutes individuals for crimes like the ones witnessed during the Nuremberg trials after World War II. Established in 2002, it has managed to secure only 10 convictions for war crimes. While it takes time, the wheels of justice at the ICC are indeed turning.

This development could significantly impact the ongoing conflict in Gaza.

When compared to the allegations of genocide against Israel in the case brought by South Africa in the International Court of Justice, which deals with issues involving countries, this move is considerably more significant for Netanyahu personally. A prior judgment from this court found that the Palestinians have "plausible" grounds for protection from genocide, according to Joan Donoghue, who was the president of ICJ during this ruling. Israel has staunchly denied any genocidal activities in Gaza in the ongoing case.

ICC prosecutor Karim Khan informed CNN’s Christiane Amanpour about the charges against Netanyahu and Israeli Defense Minister Yoav Gallant, which include "causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict." In response, Netanyahu called Khan one of the "great antisemites in modern times."

In addition, the ICC is also seeking arrest warrants for the three top leaders of Hamas. However, this action will likely have minimal effect on Hamas, as the group is already considered a terrorist organization by many countries, including the United States and members of the European Union.

One of these Hamas leaders, Yahya Sinwar, who is accused by Israel of being the mastermind behind the October 7 attacks on Israel, is believed to be taking refuge in the tunnels under Gaza.

There are 124 countries that have signed onto the ICC, not including the United States or Israel. These countries would be obligated to arrest Netanyahu if an arrest warrant were issued. A panel of ICC judges will decide on Khan’s application for the arrest warrants.

Many of Israel's closest allies including the United Kingdom and Germany are party to the ICC and would be bound by the court's decisions if a warrant were issued. This would make it difficult for Netanyahu to maintain diplomatic relations with these countries, as he would essentially become a pariah unable to visit most countries.

Already Germany and France have issued statements expressing support for the ICC's requests for Netanyahu's arrest warrant.

If the arrest warrant for Netanyahu is granted, it would seem to place Israel, a sovereign state defending itself (albeit resulting in the deaths of countless Palestinians), in the same category as Hamas, the terrorist group that initiated the war with its October 7 attacks on Israel, killing approximately 1,200 people.

American response to the ICC's potential arrest warrant against Netanyahu has been predictable. Republican Senate Minority Leader Mitch McConnell dubbed the ICC a "rogue kangaroo court utterly untethered to morality or justice," while US President Joe Biden called the warrant "outrageous."

However, one cannot have it both ways. The ICC, led by its prosecutor Karim Khan, issued an arrest warrant for Putin related to alleged war crimes in Ukraine in 2023, garnering support from both parties in the US.

Joe Biden declared the ICC's arrest warrant for Putin "makes a very strong point" and "clearly committed war crimes.” Republican Senator Lindsey Graham of South Carolina hailed the court's decision, saying, "The decision by the ICC to issue an arrest warrant for Vladimir Putin is a giant step in the right direction for the international community. It is more than justified by the evidence.”

A potential arrest warrant for Netanyahu could also increase public awareness of the situation in Gaza among Israelis, as self-censorship by the Israeli media often results in the Israeli public witnessing a drastically different war taking place in Gaza compared to what the international community sees.

The ICC's possible arrest warrants for both Israeli and Hamas leaders could further complicate the matter of negotiations for the return of hostages held by Hamas in exchange for Palestinian prisoners held by Israel and for a ceasefire.

I'm currently attending a security conference in Qatar, the Global Security Forum, which has been playing a pivotal role in mediating between the US, Israel, and Hamas' political leadership in Qatar for the release of the 100 or more captive hostages in Gaza, including eight Americans, as well as the bodies of over 30 more.

The general consensus among delegates at this conference, comprising security experts worldwide, is that negotiations for hostages have stalled. The ICC's move to seek an arrest warrant for Netanyahu might only strengthen his resolve to continue the war in Gaza indefinitely. In an address to his nation on Monday, Netanyahu declared that the ICC would not prevent Israel from achieving "total victory" against Hamas.

Israeli Prime Minister Benjamin Netanyahu would effectively become a pariah who wouldn't be able to travel to most countries if the International Criminal Court were to approve the arrest warrant.

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Given the context, here are two sentences that contain the word 'opinions':

The international community is divided in their opinions on the ICC's decision to seek an arrest warrant for Netanyahu.

This move by the ICC is likely to spark strong opinions and debates among legal experts and world leaders.

Source: edition.cnn.com

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