Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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Combo image showing Palestinians reeling from the impact of the Israeli bombardment of their homes in Rafah, in the southern Gaza Strip, on May 28, 2024, as the Netanyahu government ignored pleas by the UN and Israel's own allies not to invade the enclave to spare civilians of more sufferings. (REUTERS photos)
Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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=Israeli soldiers gather near the border with the Gaza Strip in Israel after their return from the Gaza Strip on December 31, 2023. (AFP)
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Updated 30 May 2024
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Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
  • International Criminal Court chief prosecutor Karim Khan hopes to bring senior Israeli and Hamas leaders to trial
  • Some experts think the move is intended to nudge the warring parties toward a hostage deal and a ceasefire

LONDON: By applying for arrest warrants for senior Israeli ministers and Hamas commanders, Karim Khan, prosecutor at the International Criminal Court, has thrust the court itself into the spotlight, raising questions about the move’s likelihood of success and timing.

Calling it “totally absurd” and “a travesty of justice,” Israel’s Prime Minister Benjamin Netanyahu slammed Khan’s decision to seek arrest warrants against him and Defense Minister Yoav Gallant, together with several Hamas commanders, for war crimes.




A protester shows a sign bearing portraits of Israeli Prime Minister Benjamin Netanyahu transformed to Nazi Germany's leader Adolf Hitler during a demonstration called by French organization "France Palestine Solidarite" in Paris, on May 27, 2024. (AFP)

For his part, Gallant labeled the proposed warrants against him and his prime minister as “disgraceful,” claiming that it was motivated by a desire to reverse the foundation of the state of Israel.

Considering the scant likelihood in this case of an ICC arrest warrant being acted upon — a move Hassan Imran, a senior legal adviser at human rights organization Law for Palestine, told Arab News would be “precedent-making” — it raises the question: What is motivating Khan?




Exterior view of the International Criminal Court in The Hague, Netherlands, on April 30, 2024.  (AP/File) 

Julie Norman, a senior associate fellow at the London-based Royal United Services Institute, believes the proposed arrest warrants could be intended to nudge the warring parties toward a deal.

“Supporters of the move are hoping the charges will add pressure for both sides to end the conflict, for Hamas to release the hostages, and for Israel to increase access to humanitarian aid in Gaza,” said Norman.

Although some have said the ICC’s action would complicate any ceasefire negotiations, Mark Kersten, assistant professor of criminal justice and criminology at Canada’s University of the Fraser Valley, told a Middle Eastern news outlet that “complicated” did not necessarily equate to “worse” negotiations.

FASTFACTS

• The International Criminal Court is an intergovernmental organization and tribunal seat in The Hague, Netherlands.

• The ICC is distinct from the International Court of Justice, a UN organ that hears disputes between states.

• The ICC was established in 2002 in a follow-up of the multilateral Rome Statute.

“Take Colombia, where the ICC had a decade-long preliminary examination,” he said. “Accountability processes negotiated during the peace process there translated into meaningful justice for many of the wartime atrocities committed by the government and the rebels.

“Moreover, for the ICC to undermine negotiations, there must be a realistic prospect of a peace process. If such negotiations do not exist, the claim that pursuing accountability will ruin them is likely a red herring — an argument intended to shield the perpetrators of atrocities.”




Palestinians gather at the site of an Israeli strike on a camp area housing internally displaced people in Rafah on May 27. (AFP)

Khan’s request has gone to the ICC’s pre-trial chamber, where it will now be down to the three sitting judges — Romania’s Iulia Motoc, Benin’s Reine Alapini-Gansou, and France’s Nicolas Guillou — to determine whether to take action or not.

After seven months of fact-finding, lawyers believe Khan’s case is strong: Netanyahu and Gallant have been accused of using starvation as a weapon of war, willfully causing suffering, willfully killing, intentionally attacking civilian populations, extermination and persecution.

Sergey Vasiliev, associate professor of law at the University of Amsterdam, told Turkiye’s Anadolu news agency that the ICC judges now have to decide whether there are reasonable grounds the accused committed the crimes and if an arrest, as opposed to a summons, is necessary.

“I expect the judges to grant the request. I assume the investigation has been conducted thoroughly over the past seven months, the evidence amply sufficient to meet the threshold and it to be a concise yet compelling legal narrative,” said Vasiliev. 




Judges of the committee of the International Criminal Court Committee are assembled at the ICC headquarters in The Hague, Netherlands. (ICC file photo)

Justifying his position, Vasiliev said the standard for “reasonable grounds” was not as demanding as the more onerous “substantial grounds to believe,” adding that applications for arrest warrants were not “generally expected to provide elaborate analysis of the evidence.”

As to the timeline, some commentators expect the judges will make their decision in the near future.

“I think it is a matter of days until we know if the arrest warrants will be issued and then all 124 states that are members of the court are obligated to take action on them,” Gershon Baskin, Middle East director at the International Communities Organization, told Arab News. 




Children enjoy the luxury of riding atop a vehicle as many other Palestinians travel on foot along with their belongings to flee Rafah on May 28, 2024 , due to an Israeli military operation on May 28, 2024. (REUTERS)

Given that the ICC neither carries out arrests nor tries people in absentia, the question then becomes one of enforcement. There has been little sign of Israel handing over its own people, with Gallant stressing “it is not a party and does not recognize its authority.”

Nor do Gallant and Netanyahu have to worry about the US turning them over to the ICC. Khan’s move has engendered a rare moment of concord across the aisle, with Republican Sen. Lindsey Graham pushing to censure the ICC.

Graham received a positive response from Secretary of State Antony Blinken after asking: “I want to take actions, not just words. Will you support a bipartisan effort to sanction the ICC — not only for the outrage against Israel but to protect, in the future, our own interests?”




US Senator Lindsey Graham (R-SC) gives a statement to the press during his visit in Tel Aviv, Israel, on May 29, 2024. (REUTERS)

Catching some off-guard, particularly given its vocal support for Israel and having echoed other European states in describing the ICC move as “deeply unhelpful,” Chancellor Olaf Scholz confirmed Germany would not defy an ICC arrest warrant were one to be issued.

On Monday, Israel’s Attorney General Gali Baharav-Miara said Israel’s legal system is actively investigating allegations of possible criminal misconduct during the war in Gaza and that Khan’s request for arrest warrants was therefore hasty and inappropriate. 

“The states that established the court saw it as a tool for dealing with situations where there is ‘no law and no judge.’ That is not our situation,” Baharav-Miara told a conference of the Israel Bar Association.

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“It would have been more correct for the prosecutor to wait until the internal state procedures were completed before making a decision. It would have been right to give the state of Israel a fair opportunity in this regard.”

Julia Roknifard, an assistant professor at the University of Nottingham’s School of Politics, History, and International Relations, says that in all likelihood, the ICC will not see a case actioned given the lack of jurisdiction it has over Israel itself.

“Netanyahu liked to travel to the US, but I don’t think he is welcome there now, and I don’t think he is in the mood right now to travel at all, so I think it is very unlikely that we would see an arrest were a warrant issued,” Roknifard told Arab News.

Echoing Roknifard, Baskin said it was highly unlikely that Gallant and Netanyahu would travel to any country in which they had any concern of being arrested and handed over to the ICC, describing warrants as “kind of a moot point.”

Roknifard does not believe Khan is pursuing warrants for mere symbolic reasons. “I wouldn’t read into the ICC motion more than it is supposed to be — to charge individuals with the crimes they have (allegedly) committed,” she said




International Criminal Court Prosecutor Karim Khan. (AFP)

Instead, like Imran, Roknifard touts the importance of the case brought by South Africa to the International Court of Justice, which last week ordered Israel to cease its offensive in Rafah — an order that Israel has ignored.

Commenting on Khan’s proposed arrest warrants, Imran said he saw it as less about a particular case and more about the future, or lack thereof, of the ICC.

“European states, I think, now have to make a choice between the institutions they have been supporting financially and their calls for a rules-based order modeled around international law and their support for Israel,” Imran told Arab News.

“We have seen many of them criticize the court in the wake of Khan’s announcement, and now we see some stating they will respect the decision, but it’s hard to tell what they will do were Netanyahu to actually travel to their territory with an arrest warrant out for him.

“Some will try and beat around the bush. But if they did not apply the decision, they would be essentially disowning this international institution and basically disintegrating the ICC and, if they do, that means they will have to change their policy goals.”
 

 


Palestinian Authority at risk of collapse, Norway says

Palestinian Authority at risk of collapse, Norway says
Updated 54 min 39 sec ago
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Palestinian Authority at risk of collapse, Norway says

Palestinian Authority at risk of collapse, Norway says
  • Norway chairs the international donor group to the Palestinians and is a backer of the Palestinian Authority

OSLO: The Palestinian Authority could collapse in the coming months, Norwegian Foreign Minister Espen Barth Eide said on Monday, citing a lack of funding, continuing violence and the fact that half a million Palestinians are not allowed to work in Israel.
“The Palestinian Authority, with whom we work closely, are warning us that they might be collapsing this summer,” Barth Eide said.
Norway chairs the international donor group to the Palestinians and is a backer of the PA.


Jordan braces for scorching heatwave as temperatures soar

Jordan braces for scorching heatwave as temperatures soar
Updated 17 June 2024
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Jordan braces for scorching heatwave as temperatures soar

Jordan braces for scorching heatwave as temperatures soar
  • The Gulf of Aqaba reached highs of 45 celsius
  • Temperatures in Jordan are set to rise slightly, with the heatwave persisting

AMMAN: The Jordan Meteorological Department forecast extreme heat for Monday, with most regions of the country — particularly the desert areas, Jordan Valley, Dead Sea and Aqaba — experiencing intense temperatures.

The Gulf of Aqaba reached highs of 45 celsius, the Southern Jordan Valley 44 celsius, Dead Sea 43 celsius, while the Desert Regions and the Northern Jordan Valley reached highs of 41 celsius. 

Cloud cover at medium and high altitudes is expected in the south and east of the Kingdom, state news agency Petra reported, with moderate northwesterly winds occasionally becoming brisk.

The JMD cautioned people against prolonged sun exposure, which could lead to dehydration, especially for vulnerable groups such as the elderly and those with health conditions. It also highlighted the risk of forest fires and the dangers of leaving children or flammable items, like perfumes and sanitizers, inside vehicles.

Looking ahead to Tuesday, temperatures in Jordan are set to rise slightly, with the heatwave persisting. Most areas will remain hot, the JMD said, and desert regions will face sweltering conditions. Northeasterly winds will prevail, shifting to moderate northwesterly by evening.

The heatwave will continue into Wednesday, with another slight increase in temperatures. Conditions will be blistering and dry across the highlands, the JMD warned, with extreme heat persisting elsewhere. Northeasterly winds will turn to moderate northwesterly later in the day.

Thursday will bring a modest reprieve as temperatures dip slightly. However, the weather will remain hot across most areas, with the desert, Jordan Valley, Dead Sea, and Aqaba continuing to sizzle. Moderate northwesterly winds will occasionally become brisk.


Iran calls for joint action by Islamic nations to stop Gaza war

Iran calls for joint action by Islamic nations to stop Gaza war
Updated 17 June 2024
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Iran calls for joint action by Islamic nations to stop Gaza war

Iran calls for joint action by Islamic nations to stop Gaza war
  • Israel’s military offensive on Gaza has killed at least 37,337 people so far

TEHRAN: Iran’s Acting Foreign Minister Ali Bagheri Kani has called for joint action on the part of Islamic countries to pressure Israel into ending its brutal military activities in Gaza, which have devastated most of the enclave and killed thousands of Palestinians there.

Israel’s military offensive on Gaza has killed at least 37,337 people, mostly civilian women and children, since the Oct. 7 Hamas attack, according to the Hamas-run Health Ministry in Gaza.

Humanitarian supplies for millions of Palestinians displaced by the conflict have been squeezed despite the Israeli military declaring it would “pause” fighting daily around a southern route to facilitate aid flows.

The Iranian official also spoke with his Afghan counterpart Amir Khan Muttaqi via telephone on Sunday, with the two discussing bilateral relations as well as the situation in war-ravaged Gaza.

Kani reiterated Iran’s readiness to help Kabul resolve its challenges and achieve growth, Iran’s news agency IRNA reported.


Kuwaiti citizen detained for alleged involvement in extremist group

Kuwaiti citizen detained for alleged involvement in extremist group
Updated 17 June 2024
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Kuwaiti citizen detained for alleged involvement in extremist group

Kuwaiti citizen detained for alleged involvement in extremist group

KUWAIT CITY: The Public Prosecution in Kuwait has ordered the detention of a citizen on charges of joining a group aimed at illegally undermining the country’s basic systems, state news agency KUNA reported on Sunday.

The individual is also accused of receiving training in making explosives and preparing poisons for illicit purposes, as well as planning to leave the country to fight with the group, though he was unable to do so.

The Public Prosecution interrogated the accused and presented him with the charges, according to a statement released on its official account on X. Investigation procedures are ongoing.


Yemen’s Houthis announce new maritime operations in support of Gaza

Yemen’s Houthis announce new maritime operations in support of Gaza
Updated 17 June 2024
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Yemen’s Houthis announce new maritime operations in support of Gaza

Yemen’s Houthis announce new maritime operations in support of Gaza
  • The Houthis declared that attacks on Israel-linked shipping will persist until Israel ends its war on Gaza and lifts the siege on Palestinian territories

SANAA: The Houthi militia’s army spokesman, Yahya Saree, announced on Sunday that an American destroyer and two Israel-linked ships were targeted in recent operations in the Red and Arabian seas.

Saree said that the US destroyer was hit by ballistic missiles in the Red Sea, while the two ships — Captain Paris and Happy Condor — were targeted in the Arabian Sea using naval missiles and drones, respectively.

He stated that these ships were targeted because they were en route to ports in Israeli-occupied territories.

Saree reaffirmed Yemen’s stance, declaring that attacks on Israel-linked shipping will persist until Israel ends its war on Gaza and lifts the siege on Palestinian territories.

He also emphasized that the Yemeni army would continue to defend its territory against US-UK “aggression,” referring to joint airstrikes by the two Western nations, which the latter claim were launched to protect international shipping.

The Houthis have rejected these claims, asserting that their military operations in international waters, ongoing since mid-November, only target Israeli ships or vessels heading to Israeli-occupied ports.