The International Criminal Court (ICC) Pretrial Chamber has accepted filings from more than 60 governments and NGOs seeking to intervene in ICC Prosecutor Karim Khan’s request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three senior Hamas officials, including Gaza Chief Yahya Sinwar. These filings can be submitted with legal positions by August 6, indicating a lengthy process of review and decision-making.
A senior Israeli legal source revealed that approximately 30 parties, including the US, Germany, the Czech Republic, Hungary, Argentina, and the Democratic Republic of Congo, support Israel. In contrast, around 40 parties, including South Africa, Spain, Ireland, and Brazil, oppose Israel.
The arrest warrants are part of a broader investigation into alleged war crimes by both Israeli leaders and Hamas officials. Netanyahu, Gallant, and the Hamas leaders are accused of various war crimes. However, one of the arrest warrants against Hamas military chief Mohammed Deif may be dismissed following his believed elimination in an Israeli airstrike on July 13.
A significant issue for the ICC will be the principle of complementarity, which stipulates that the ICC cannot intervene if a country is already probing its citizens. The IDF has disclosed that it has opened numerous criminal and operational probes regarding its conduct in the current conflict, potentially precluding ICC prosecution of Israeli soldiers. However, Israel has not yet investigated the decisions of its war cabinet officials, including Netanyahu and Gallant.
Israel is considering establishing a state commission of inquiry to block or postpone any ICC arrest warrants. This move could empower those supporting Israel’s position.
