EU split over ICC arrest warrants against Israeli leaders

News Desk - The Cradle

The ICC has never issued arrest warrants against leaders friendly to the west in the past

Karim Khan, the chief prosecutor of the International Criminal Court, May 20, 2024. (Photo credit: ICC)

The EU member states are split in their support of the International Criminal Court (ICC) after it applied for arrest warrants for leaders of the government of Israel and the Islamic resistance movement, Hamas, the Financial Times reported.

On 20 May, the ICC chief prosecutor Karim Khan accused Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant of bearing responsibility for the war crimes committed in Gaza.

The ICC similarly said Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh are responsible for war crimes committed during the Operation Al-Aqsa Flood assault on Israeli military bases and settlements on 7 October.

France expressed its support for the ICC and its “fight against impunity” in response to the move.

In a statement issued late on Monday, the French foreign ministry said it had been warning of the “unacceptable nature of civilian losses in the Gaza Strip for months.” Israel’s now seven-month bombing and ground campaign in Gaza has killed over 35,000 Palestinians, at least 8,000 of them children.

The statement reiterated France’s condemnation of Hamas’s 7 October attack on Israeli military bases and settlements (kibbutzim).

Some 1,200 Israeli soldiers and civilians were killed, and 250 were taken captive during the operation. Some were killed by Hamas, but Israeli forces also killed their own. Under the Hannibal Directive, Israeli attack helicopters, tanks, and drones opened fire on Israelis to prevent them from being taken captive in Gaza.

Belgium also expressed support for the ICC, with Foreign Minister Hadja Lahbib stating in a social media post: “Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators.”

In contrast, Italian Foreign Minister Antonio Tajani said it was “truly singular, I would say unacceptable, to equate a government legitimately elected by the people in a democracy with a terrorist organization that is the cause of everything that is happening in the Middle East.”

Similarly, the German foreign ministry condemned the ICC for its “inaccurate impression of an equivalence” between Israeli and Hamas leaders.

Czech Prime Minister Petr Fiala described the war crimes allegations against Netanyahu as “appalling and completely unacceptable.”

The EU did not issue a statement supporting or condemning the ICC, as its foreign policy decisions require unanimity. 

While Germany, Hungary, and the Czech Republic are strong supporters of Israel and its genocide in Gaza, Spain, Ireland, and Belgium are supporters of Palestinians.

If the ICC proceeds with the arrest warrants for Netanyahu and Gallant, it will be the first time it does so against a western-backed leader. In the past, the court has issued arrest warrants only against leaders viewed as adversaries to the west, including Russian President Vladimir Putin and late Libyan leader Muammar Qaddafi.

The ICC has no way to enforce arrest warrants. However, the 124 member states of the court — which include all EU states — would be required to arrest anyone subject to a warrant in their territory.