Benjamin Netanyahu facing arrest in ICC member countries

Benjamin Netanyahu shakes his fist as he speaks at a lectern.

An arrest warrant by the International Criminal Court has been issued for Israel's Prime Minister, Benjamin Netanyahu. Source: AAP / Ohad Zwigenberg

Israel's Prime Minister faces the prospect of being arrested if he travels to a country that is a member state of the International Criminal Court. The ICC has issued arrest warrants for Benjamin Netanyahu, Israel's former defence minister Yoav Gallant, and a Hamas leader for alleged war crimes relating to the Gaza war.


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TRANSCRIPT

A trip to Italy, the Netherlands or Canada is likely to be off Benjamin Netanyahu's agenda for now, after all three nations said they would comply with the International Criminal Court's arrest warrants should the Israeli prime minister set foot in their countries.

Ireland and Jordan also indicated they could implement the ICC warrants.

The arrest warrants apply to Benjamin Netanyahu, the former defence minister Yoav Gallant as well as Mohammed Deif, a military commander of Hamas that Israel says died in an airstrike in southern Gaza in early July.

The judges say there are reasonable grounds to conclude the three men have criminal responsibility for alleged crimes against humanity and war crimes since the October 7 attacks.

The Hamas-led militants' attack in Israel on that day marked a turning point in the longstanding regional conflict, escalating to become the largest and longest Israeli military operation in Gaza.

ICC Prosecutor Karim Khan, who applied for arrest warrants against the Israeli officials in May, says these threats to the civilian population in Gaza are ongoing.

"I've made it clear that I have real concern over the reports coming out of Rafah, the possibility of further ground incursions by Israeli troops, the reported bombardments and the reality that the laws of war must be respected. They can't be rendered hollow. They can't be interpreted so as to void them of meaning."

Hamas didn't comment on the warrant for Mohammad Deif, but did welcome the warrants for Benjamin Netanyahu and Yoav Gallant saying the ICC decision "constitutes an important historical precedent, and a correction to a long path of historical injustice".

The Palestinian ambassador to the Netherlands, Ammar Hijazi, also praised the decision.

"We believe that it is, a proof that justice and the long arm of justice will reach anyone who violates the norms that humanity decided that cannot be violated, especially the most egregious atrocities like war crimes and crimes against humanity. It is certainly, an important day also for humanity as a whole, because ‘never again’ today is being effectuated and being implemented, upheld by the pretrial chamber."

Benjamin Netanyahu denounced the ruling as anti-Semitic based on absurd and false allegations.

"The decision to issue an arrest warrant against me, the democratically elected prime minister of the State of Israel, and our former defense minister was made by a rogue prosecutor who is trying to extricate himself from sexual harassment charges, and by biased judges who are motivated by antisemitic sentiments against the one and only Jewish state. No biased anti-Israel decision in The Hague will prevent the State of Israel from defending its citizens."

This month, the ICC announced it had ordered an external inquiry into allegations of workplace sexual misconduct against Karim Khan.

Mr Khan denies the allegations.

Israel's strongest ally, the United States, rejected the ICC decision.

White House Press Secretary Karine Jean-Pierre.

"We fundamentally reject the (International Criminal) court's decision to issue arrest warrants for senior Israel officials. We remain deeply concerned by the prosecutor's rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter. You've heard us say this before."

The European Union's foreign policy chief, Josep Borrell, says the court's decision needs to be respected and implemented because it is binding on all EU member states.

"It is not a political decision. It is a decision of a court, of a court of justice, an international court of justice. And the decision of the courts has to be respected and implemented."

The ICC does not have its own police force to carry out arrests, instead relying on its 124 member states.

And when it comes to that implementation, Italy, the Netherlands and Canada all say they are prepared to make arrests.

In Australia, the Deputy Leader of the Opposition, Sussan Ley says people would be troubled by the ICC ruling.

She doesn't believe the court has jurisdiction over Israel.

Ley: "I know that Australians would be troubled today to see this targetting of a democratically elected leader who is trying to protect his country from terrorists."
Reporter: "Can I just ask on those ICC comments. Do your comments reflect that the opposition doesn't have faith in the independence of the court?"
Ley: "We firmly believe that the court does not have jurisdiction over these matters."
Reporter: "Over the matters of war crimes?"
Ley: "Over the decision they have made."

Foreign Minister Penny Wong released a statement saying Australia respects the independence of the ICC and its important role in upholding international law.

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