On November 21, the International Criminal Court (ICC) issued arrest warrants against Israeli Prime Minister Benyamin Netanyahu, his former Minister of Defense Yoav Gallant and Mohammed Deif, leader of the Hamas armed branch.
These mandates target war crimes and alleged humanity crimes committed in the Gaza Strip, in particular the use of hunger as a weapon of war. This decision triggered contrasting reactions around the world, highlighting deep geopolitical and legal divisions.
Support and reluctance in the West
Among the countries signatory to the status of Rome, many have expressed their will to respect these terms. Italy said that it would be forced, under international law, to arrest Netanyahu and Gallant if the latter went to its territory. Canadian Prime Minister Justin Trudeau also announced his support for the CPI’s decision, just like the European Union, represented by Josep Borrell, who called for the strict mandates’ application.
Other European countries, including Ireland, Belgium, the Netherlands and France, have also said they would respect arrest warrants. The Italian Minister of Defense, Guido Crosetto, said that although he considered it “incorrect” to compare Israeli officials in Hamas, Italy would arrest their necessary arrest. Irish Prime Minister Simon Harris praised the CPI’s decision as an “extremely important step”, and Belgium expressed total support for the Court, insisting that those responsible for the crimes committed, whether Israeli or Palestinian, were to be prosecuted. For its part, France stressed that it would act in accordance with the statutes of the ICC, without specifying the concrete measures which would be taken.
Resistance and distrust in other states
Other countries, however, expressed strong resistance to this decision. Hungarian Prime Minister Viktor Orbán described the “impudent” mandates and announced that he would invite Netanyahu to go to Hungary, thus defying the CPI’s decision. Austria, although it qualified the mandates as “ridiculous”, admitted that it would be forced to apply them if Netanyahu or Gallant went to its territory.
The German Minister of Foreign Affairs, Annalena Baerbock, said that Germany was examining her response, while reaffirming her commitment to international law and the ICC.
Allies of Israel: categorical rejection
The United States, a long-standing Allies of Israel, firmly rejected this decision. President Joe Biden rejected any equivalence between Israel and Hamas, describing the “scandalous” CPI’s decision. Donald Trump, presidential candidate, has promised to actively oppose these prosecution.
Reactions in the Middle East: support and prudence
In the Middle East, the reactions are shared. Hamas welcomed these mandates as a “moral victory”, while the Palestinian authority sees it as a hope of justice for the victims of Gaza. Turkey applauded the ICC for this initiative, qualifying the action of courageous in the face of the abuse committed.
However, some Gulf countries, such as Saudi Arabia and the United Arab Emirates, preferred to avoid commenting directly, focusing rather on their diplomatic relations with Israel. Egypt called for calm, warning against an escalation of regional tensions.
Application challenges
The application of these mandates remains uncertain. The ICC, which does not have its own police force, depends on the cooperation of the Member States. Previous, like that of Mongolia which refused to arrest Vladimir Putin or South Africa which did not execute the mandate against Omar El-Béchir, show the limits of the authority of the Court.
Political consequences
For Netanyahu, these mandates complicate its trips in the 124 countries signatory to the status of Rome. They intervene in an already tense political context, where the Prime Minister faces accusations of corruption. He denounced these prosecution as “anti -Semites”, describing them as attempted delegitimation of Israel.
An international fracture
This decision highlights persistent fractures on the Israeli-Palestinian issue and on the role of international jurisdictions. While violence in Gaza continues and the human record continues to increase, calls for justice come up against complex diplomatic realities. The meeting of G7 foreign ministers, which will be held next week in Figgi, Italy, could mark a turning point in international relations and global criminal law.
