Can ICC issue arrest warrant against Netanyahu over Gaza war

ICC arrest warrant against Netanyahu

The International Criminal Court (ICC) has confirmed that it has opened an investigation into the situation in Israel and the occupied Palestinian territories. Israel is accused not only of blocking humanitarian aid from reaching Gaza but also of being overly aggressive.

Israel is concerned that the International Criminal Court may soon issue arrest warrants for Israel’s Prime Minister, Benjamin Netanyahu, and the Defense Minister, along with potentially senior Israeli officials. According to media, arrest warrants may come as early as this week.

But that could make it difficult for the Israeli prime minister to travel to Europe and other countries that are signatories to the International Criminal Court because, in theory, those countries might find that they have a campaign to arrest the prime minister. This would put Prime Minister Netanyahu in the same category as Vladimir Putin, against whom an International Criminal Court arrest warrant was issued for alleged war crimes committed in Ukraine.

But Israeli officials are acting as they have been doing. On Friday, Israeli Prime Minister Benjamin Netanyahu said any ruling by the international criminal court that is investigating Hamas’ October 7 attacks and Israel’s military offensive on Gaza would not affect Israel’s actions.

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International Court of Justice (ICJ)

The International Court of Justice (ICJ) is like a global court where countries go to resolve legal disputes peacefully. It was established in 1945 and is considered the main judicial branch of the United Nations (UN). It is located in the Netherlands.

Only UN member states can participate in cases here, and the court handles two types of cases: contentious cases, which are legal battles between countries, and consultative proceedings, where it refers to UN bodies and other specialized agencies. Gives legal opinion. When the ICJ makes a decision, countries have to follow it, and if they do not, the case can be brought to the UN Security Council for further action.

ICC JUDGES during decision
source: scroll.in

International Criminal Court (ICC)

On the other hand, the International Criminal Court (ICC) is a different kind of court that deals not with countries, but with individual people. It is the first permanent international court to prosecute serious crimes such as genocide, war crimes and crimes against humanity. The ICC was established in 2002 and is independent from the United Nations, even though it has UN support.

The ICC investigates and prosecutes individuals from any country, as long as their home country or the country where the crime occurred is a member of the ICC. The ICC process involves several stages, from preliminary examinations to trial and imposition of sentence.

The ICJ adjudicates disputes between states, while the ICC holds individuals responsible for serious crimes.

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