The International Criminal Court (ICC) dropped a legal bombshell Thursday when it issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and ex-Defense Minister Yoav Gallant over alleged war crimes in Gaza.
The court said in a statement that Netanyahu and Gallant “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”
Israel has been carrying out its war in the Gaza Strip for more than a year, killing tens of thousands of people as it attempts to root out Hamas in response to the Palestinian militant group’s attack on Oct. 7, 2023.
Netanyahu’s office described the charges in a statement Thursday as “absurd and false lies” and said the judges who issued the warrant were “motivated by antisemitic hatred of Israel.”
United States President Joe Biden called the ruling “outrageous” and pledged to “always stand with Israel against threats to its security.” The U.S. is not a signatory to the ICC.
Theoretically, the ICC warrant means Netanyahu and Gallant could be arrested if they travel to any of the more than 120 countries that are parties to the court. But several governments in Europe have already signaled they may not arrest the Israeli leader if he steps foot on their soil.
When Russian President Vladimir Putin in September visited Mongolia, a party to the ICC, he was not arrested despite being the subject of an ICC warrant over the forced transfer of Ukrainian children to Russia.
These are the European countries that have vowed to handcuff Netanyahu — and the ones where he could still be welcome.
Will arrest: The Netherlands
Dutch Foreign Minister Caspar Veldkamp said the Netherlands will comply with the ICC warrant and arrest Netanyahu if he enters the country. “The Netherlands implements the Rome Statute one hundred percent,” he said, referring to the Hague-based court’s founding treaty.
Veldkamp was slated to visit Israel next week, but his trip was axed by Israeli Foreign Minister Gideon Sa’ar over his comments supporting the ruling.
Will arrest: Ireland
Irish Prime Minister Simon Harris responded “Yes, absolutely,” when asked if Ireland would arrest Netanyahu.
“We support international courts, and we apply their warrants,” he said.
Will arrest: Belgium
“The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the [ICC],” Belgium’s foreign ministry said. “Those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them.”
Belgian Deputy Prime Minister Petra De Sutter said that “Europe must comply” with the ICC ruling and “uphold these arrest warrants.”
Will arrest: Spain
“Spain respects the decision of the International Criminal Court and will comply with its commitments and obligations in relation to the Rome Statute and international law,” government officials told Spanish media.
Spanish Labor Minister Yolanda Díaz also welcomed the ICC’s decision, saying Madrid is always “on the side of justice and international law.”
“The genocide of the Palestinian people cannot go unpunished,” she added.
Will arrest: Austria
Austria’s foreign ministry called the ICC’s ruling “utterly incomprehensible.” Nonetheless, it said authorities would have no choice but to arrest Netanyahu.
Austrian Foreign Minister Alexander Schallenberg slammed the ruling as “absurd ” but added that “international law is nonnegotiable and applies everywhere.”
Will arrest: Slovenia
“Slovenia respects the decision of the ICC regarding arrest warrants for alleged war crimes and crimes against humanity and will fully comply with it,” Prime Minister Robert Golob said.
Won’t arrest: Hungary
Hungarian Prime Minister Viktor Orbán announced that he will not only defy the court, but wants to roll out the red carpet for Netanyahu, inviting the Israeli leader to Budapest.
“This is wrong in itself,” Orbán said in an interview with Hungarian state radio, referring to the ruling. “So there is no other choice here: We have to confront this decision, and so later today I will invite the prime minister of the Israelis, Mr. Netanyahu, to visit Hungary.”
Unclear: Czechia
Multiple Czech politicians, including the prime minister, defense minister and foreign minister, have criticized the ICC ruling.
“The unfortunate decision of the ICC undermines its authority in other cases when it equates the elected representatives of a democratic state with the leaders of an Islamist terrorist organization,” Czech Prime Minister Petr Fiala said.
Defense Minister Jana Černochová said the charges “should be substantiated by evidence.”While agreeing with the points raised by the other two ministers, top diplomat Jan Lipavský said that Czechia “will always advocate for the adherence to international law.”
Unclear: Germany
Germany’s Foreign Minister Annalena Baerbock said Berlin was “examining exactly what [the ICC ruling] means for implementation in Germany.”
But chief government spokesperson Steffen Hebestreit told reporters that it’s “hard to imagine that arrests could be made in Germany on this basis,” referring to the warrant.
“Any further action would only be taken when a stay by Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in Germany is foreseeable,” he added in a statement.
Unclear: Italy
Italian Foreign Minister Antonio Tajani said Italy “supports the ICC” but that it “must play a legal role and not a political role,” adding Rome was mulling how to “interpret” the ruling.
“If Netanyahu and Gallant came to Italy, we would have to arrest them,” said Italian Defense Minister Guido Crosetto. But he added, “I believe the ICC’s sentence is wrong.”
Italy’s Deputy Prime Minister Matteo Salvini expressed his full support for the Israeli prime minister, saying that if Netanyahu were to come to Italy, “He would be welcomed.”
“The war criminals are others,” he added.
Unclear: France
The ICC ruling “is not a judgment but the formalization of an accusation,” a spokesperson for the French foreign affairs ministry said in a statement.
“France takes note of this decision. In keeping with its long-standing commitment to supporting international justice, it reiterates its commitment to the independent work of the Court, in accordance with the Rome Statute,” the statement added.
Unclear: The United Kingdom
A spokesperson for British Prime Minister Keir Starmer confirmed Britain would “comply with its legal obligations” but added: “We are not going to get into hypotheticals,” when asked if Netanyahu would be arrested if he came to the U.K.
“International criminal court investigations rarely become a matter for the British legal or law enforcement processes or for the British government,” Home Secretary Yvette Cooper said.
Emily Thornberry, Labour chair of the foreign affairs committee in parliament, was more emphatic. “If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC,” she said. “Not really a question of should, we are required to because we are members of the ICC.”
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