The ICC Issued Arrest Warrants for Netanyahu and Gallant: Here’s What Lies Ahead for the Court

By Khaled Emam
Mr. Emam is a Human Rights Lawyer and Advocate

Today, the ICC took a tough decision to defend the basic foundation of the Rome Statute. Now, the world must be ready to protect the court from expected massive retaliation.

As the International Criminal Court(ICC) issued arrest warrants against top Israeli officials for their role in perpetuating the 76-year occupation and conflict, today is, without a doubt, a historic day for upholding values of international justice and accountability. This can go down in history as a day of legacy for human rights and the rule of law if all 124 state members of the ICC—some of which include strong allies, such as the United Kingdom, Germany, Hungary, Canada, Australia, and others— who are legally obligated to arrest and hand over Israel Israeli Prime Minister Benjamin Netanyahu and his former Minister of Defense Yoav Gallant to deliver on their commitment to justice. On May 20, the ICC prosecutor, Mr. Karim Khan, filed applications of warrants for the arrest of Israeli and Hamas leaders for their alleged crimes committed on and proceeding the aftermath of October 7, 2024. In September 2024, Israel formally challenged the Court’s jurisdiction by submitting two briefs to the court based on Article 19 (2) of the Rome Statute, claiming that the Court lacks jurisdiction to investigate the ongoing situation in the State of Palestine in general and over Israeli nationals specifically. Today, the ICC Pre-trial Chamber has rejected the Israel claims and issued warrants of arrest for Netanyahu and Gallant.
The court asserted it has founded “reasonable grounds” to believe that Netanyahu and Gallant bear criminal responsibility for war crimes, including “starvation as a method of warfare,” and the crimes against humanity to include murder, persecution, and intentionally directing an attack against the civilian population.
It is clear that the court has defended the foundation of its charter, but now the pressing matter hinges on the price the court might have to pay for its decision and the extent to which the court can resist the retaliation that is to follow. When Mr. Karim Khan requested the arrest warrants back in May, the court faced massive legal, cyber, and political threats from the United States and Israel. President Joe Biden described Mr. Khan’s decision as “outrageous,” and several US legislators threatened to punish the court when the U.S. House of Representatives passed the “H.R.8282/Illegitimate Court Counteraction Act,” which was targeted towards imposing sanctions against ICC. The sanctions even extended to staff, judges, and witnesses in case they pursue  ICC with the investigation and () of charges against Israeli nationals. While the Biden administration strongly opposed the bill, it is very likely that the Trump administration might enforce it.
The ICC is no stranger to attacks on its legitimacy and officials. In May 2024, an investigation by The Guardian and the Israeli magazines +972 and Local Call showed how Israel has been surveilling and threatening senior ICC officials for more than a decade. In September 2020, the US government under President Trump issued Executive Order 13928 imposing several sanctions on ICC officials, including former prosecutor Fatou Bensouda and Phakiso Mochochoko, the Head of the Jurisdiction, Complementarity, and Cooperation Division of the Office of the Prosecutor, after the prosecutor requested authorization from the Court’s Judges to initiate an investigation into alleged war crimes committed in Afghanistan.
The issue of exerting pressure on the ICC will be further exacerbated now that the election of President Donald Trump is to assume office in January 2025. Republicans, having a record of being a staunch defender of Israel, won not only the White House but also the majority in the Senate and the House of Representatives, granting the party extra power over decision-making within the legislature. Congress is more likely to pass the Illegitimate Court Counteraction Act in addition to Trump’s executive authority to issue sanctions against the court through executive orders.
Only a few hours after the court issued the arrest warrants against Netanyahu and Gallant, appointed members of Trump’s new administration announced their rejection of the court’s decisions and warned of potential sanctions once Trump assumes office. The incoming US National Security Advisor, Rep. Mike Waltz, said the court has no credibility and threatened the Court with “a strong response,” saying, “You can expect a strong response to the antisemitic bias of the ICC & UN come January.” Similarly, Sen. Lindsey Graham opposed the decision and said, “The Court is a dangerous joke. It is now time for the U.S. Senate to act and sanction this irresponsible body.”
Conclusion:
There’s a real chance the Trump administration will move forward with sanctions targeting the ICC. Such a move would undermine the foundational principles of international law and jeopardize the integrity of the only permanent international court established to deliver justice for the gravest atrocities, including war crimes and crimes against humanity. This course of action would not only betray the victims of these atrocities but also harm U.S. interests and values. It directly contradicts a central goal of U.S. foreign policy: promoting respect for human rights and democracy. By undermining the ICC, the United States risks eroding its own credibility as a global leader committed to justice and accountability.
The international community must act quickly to support and protect the court from any repercussions that are to emerge from the decision of the ICC. The. Doing so will not only restore but uphold the trust global citizens have in multilateral and justice institutions. To that end, all members of the ICC must agree on a unified statement to support the court and its independence. The international community, including the UN, the EU, regional multilateral organizations organizations, and civil society, must act quickly to defend the court. This includes dialogue with Congress members and the US government on the dangers of undermining its independence. The international community must provide the resources needed for the court and those who collaborate with the court, including victims, lawyers, human rights defenders, and civil society, to complete the investigations and bring justice efficiently, effectively, and as quickly as possible. As the saying by Gladstone  goes, “Justice delayed is justice denied.”


Khaled Emam is a human rights lawyer and a specialist in international criminal justice. He currently serves as the Middle East Program Associate at the Carr Center for Human Rights Policy at Harvard Kennedy School and as a research assistant at Harvard University’s Ash Center for Democratic Governance and Innovation. Khaled writes and researches issues related to global justice, Middle East politics and conflicts, and global governance.

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