Can the International Criminal Court arrest Benjamin Netanyahu over alleged war crimes?

Already a subscriber?In the weeks following Hamas’ October 7 attack on Israel, the top prosecutor of the International Criminal Court, Karim Khan, repeatedly warned those engaged in the war to proceed with extreme care – specifically cautioning against using starvation as a weapon of war.

The same legal principle has been used in the case of Russia, which is not a party to the Rome Statute. In 2022, a group of 39 countries, including France, Germany, and the United Kingdom, called on the ICC to investigate the Russian invasion of Ukraine. This resulted in the ICC issuing an arrest warrant against Russian President Vladimir Putin for committing war crimes on Ukrainian territory – a move applauded by US President Joe Biden.

It is regrettable that some states have been unwilling to support the court – notably in the execution of arrest warrants – when their friends and allies are concerned. For example, many African and Middle Eastern governments failed to arrest former Sudanese president Omar al-Bashir when he travelled to their countries.This has left many of the court’s arrests warrants unexecuted.

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