ICC's Jurisdiction Over Israeli Leaders
The International Criminal Court (ICC) in The Hague has granted Britain permission to submit legal arguments regarding the prosecution's request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant. Britain contends that the Palestinian Authority lacks the authority to transfer jurisdiction over Israelis to the ICC, citing the Oslo Accords.
Britain's Legal Standpoint
According to court documents, Britain, an ICC member, requested earlier this month to present a written position on whether the court can exercise jurisdiction over Israeli citizens, given that the Palestinian Authority cannot exercise criminal authority over Israelis under the Oslo Accords. The judges have set a deadline of July 12 for submissions from interested parties. Britain's involvement could delay the ICC's pending decision on the arrest warrants for Netanyahu and Galant, which were requested by ICC prosecutor Karim Khan last May amid the ongoing conflict between Israel and Hamas in Gaza.
Domestic Reactions and Implications
The Israeli media has been abuzz with discussions on the potential repercussions of the ICC's decision. There are concerns about the possible arrest of Netanyahu and Galant, especially in light of Netanyahu's upcoming visit to the United States. Although the US has not signed the Rome Statute and is unlikely to arrest Netanyahu, there are worries about emergency landings in European countries that have signed the charter. Additionally, Israel is grappling with a Supreme Court decision that ultra-Orthodox Jews cannot be exempt from conscription, a ruling that has created a significant domestic crisis. The religious leadership remains staunchly opposed to conscription, complicating efforts to reconcile the court's decision with religious beliefs.
- The ICC has been investigating alleged crimes within its jurisdiction in Palestinian territories and by Palestinians in Israel since 2021. In that year, the ICC judges ruled that the tribunal had jurisdiction after the Palestinian Authority joined the ICC in 2015, following its status as an observer state in the UN.
- Channel 13's military affairs correspondent, Or Heller, noted that military leaders expected a change in the Haredim's stance on conscription after recent events but were shocked by the gap between the Haredim's position and that of their leaders. Similarly, judicial affairs analyst Baruch Kara emphasized the historic nature of the ruling, highlighting the challenges in enacting new laws to address conscription.
- Political affairs correspondent Yaron Abraham mentioned that discussions within the Prime Minister’s Office and other governmental bodies are focused on preparing for the potential issuance of arrest warrants against Netanyahu and Galant. These discussions underscore the depth of concerns and the potential implications for Netanyahu's international travel.
