TAG: GS-2: INTERNATIONAL RELATIONS
CONTEXT: The International Criminal Court (ICC) issued arrest warrants against Israel’s former Defense Minister Yoav Galant and a former Hamas commander, citing allegations of war crimes and crimes against humanity.
EXPLANATION:
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What did the ICC issue an arrest warrant against Netanyahu and Galant:
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- The ICC accuses Netanyahu and Gallant of the war crime of starvation and crimes against humanity, including murder, persecution, and other inhumane acts.
- It alleges they intentionally deprived Gaza’s civilians of essential resources like food, water, medicine, fuel, and electricity from October 8, 2023, to May 20, 2024.
- Additionally, by restricting medical supplies, including anaesthetics, they are accused of causing great suffering to those in need of treatment.
- The ICC also holds them responsible for actions by Israeli forces under their command, including torture, violence, killings, rape, and property destruction.
About the International Criminal Court (ICC):
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- The International Criminal Court is a permanent court to prosecute serious international crimes committed by individuals.
- The International Criminal Court (ICC) is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes.
- Situated in The Hague, Netherlands, the ICC is governed by the Rome Statute adopted by the UN in 1998. It entered into force in 2002 upon ratification by 60 States.
- In addition, the Rome Statute also sets new standards for victims’ representation in the courtroom and ensures fair trials and the rights of the defence. The court seeks global cooperation to protect everyone from the crimes codified in the Rome Statute.
- The court was established to fight global impunity and bring criminals under international law to justice, regardless of their rank or stature.
- It is different from the United Nations’ International Court of Justice, also at The Hague.
- Currently, 124 countries are State Parties to the Rome Statute of the ICC.
- India has not signed the Rome Statute as it is not a member of the ICC.
How does the ICC function?
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- Judges & Prosecutors: The court conducts investigations through the Office of the Prosecutor and has 18 judges. Both the judges and prosecutors hold non-renewable nine-year terms.
- Process: The ICC has pre-trial, trial and appellate benches. The prosecutor conducts a preliminary investigation into a case and then seeks permission from pre-trial judges to begin a full investigation. The initial investigation must conclude that the crimes involved are severe enough.
- Ways to open investigations:
The Prosecutor can initiate an investigation in three ways:
1. when a case is referred to it by a Member State
2. when the UN Security Council refers a case
3. and when the Prosecutor takes up a case of his own volition or on his own.
What happens once ICC issues an arrest warrant?
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- The ICC’s arrest warrants are binding but rely on member states for enforcement. If Netanyahu or Gallant travel to any of the ICC member states, those governments are obligated to arrest and deport them to The Hague.
- While the ICC previously issued a warrant for Russian President Vladimir Putin, isolating him from Western nations, Netanyahu’s case is more complex. Many of Israel’s allies, like Germany, France, and the UK, are ICC members but are unlikely to arrest him due to their support for Israel.
- The warrant serves more as a moral victory for Palestine, increasing international pressure on Israel and limiting Netanyahu’s travel without causing diplomatic embarrassment.
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