Africa: No, Worldwide Prison Court docket Hasn’t Issued Arrest Warrant for Israeli Prime Minister Netanyahu

No, Worldwide Prison Court docket hasn’t issued arrest warrant for Israeli prime minister Netanyahu – judges nonetheless to resolve

IN SHORT: Plenty of social media posts are claiming that the Worldwide Prison Court docket has issued an arrest warrant for Benjamin Netanyahu. However whereas the court docket’s chief prosecutor has utilized for warrants in opposition to 5 folks within the “scenario within the State of Palestine”, the court docket has not issued them but and the appliance is prone to take many months.

Be aware: This report consists of particulars a couple of creating information story. Data was, so far as doable, right on the time of publication however might change quickly.

“The Worldwide Prison Court docket issued an arrest warrant for Israeli Prime Minister Netanyahu,” reads the widespread model of a claim circulating on social media in Ghana, Kenya, Nigeria, Uganda and elsewhere since 20 Could 2024.

Different versions embody:

• The International Criminal Court (ICC) formally points arrest warrants for Netanyahu & the Israeli Minister of Protection.
• The International Criminal Court which has issued an arrest warrant for Israeli Prime Minister Netanyahu for warfare crimes is similar ICC at which Jack Smith, particular persecutor of President Trump was employed.
• Finally, the International Criminal Court issued an arrest warrant in opposition to Netanyahu … the Worldwide Court docket of Justice has additionally issued arrest warrants in opposition to Hamas leaders.

Benjamin Netanyahu has led Israel‘s response to the 7 October 2023 assault by Hamas on his nation, which killed more than 1,200 folks. Not less than 245 hostages have been taken and different crimes, together with rape and torture, have been dedicated throughout and after the assault.

It was launched primarily from the Gaza Strip, a 363 sq. kilometre Palestinian territory wedged between Israel and the Mediterranean Sea.

Israel’s war on Gaza had as of 31 Could 2024 killed more than 36,000 Palestinians in Gaza by each navy motion and a complete blockade of important provides corresponding to medication and meals. The warfare is claimed to be one of the most deadly of the numerous conflicts because the state of Israel was established inside Palestine in 1948.

In December 2023 South Africa opened a case in opposition to Israel on the International Court of Justice for breaching the 1948 United Nations Genocide Convention by its actions in Gaza.

The conference defines genocide as “acts dedicated with intent to destroy, in entire or partially, a nationwide, ethnical, racial or non secular group”.

South Africa accused Israel of “killing Palestinians in Gaza, inflicting them critical bodily and psychological hurt, and inflicting on them situations of life calculated to result in their bodily destruction”.

The case is named South Africa vs Israel, and continues to be heard. Different international locations, together with Mexico, Libya and Colombia, have since joined South Africa in its swimsuit.

Nevertheless it’s not true that an arrest warrant has been issued for Netanyahu. Earlier than we talk about why, let us take a look at the distinction between the 2 worldwide courts.

Circumstances in opposition to people, circumstances between international locations

The International Criminal Court (ICC) and the International Court of Justice (ICJ) each work out of The Hague within the Netherlands to guage crimes in opposition to international law.

However there are essential differences.

The ICJ – also referred to as the world court – is the principle judicial physique of the United Nations and hears disputes between states, corresponding to South Africa vs Israel.

The ICC, against this, investigates and prosecutes particular person folks suspected of committing worldwide crimes. These are set out in a treaty generally known as the Rome Statute and embody crimes in opposition to humanity, warfare crimes and genocide.

ICC prosecutor recordsdata request to judges

On 20 Could 2024 the ICC’s chief prosecutor, British lawyer Karim Khan, applied to the court docket’s first of two pre-trial chambers for arrest warrants in opposition to 5 folks for warfare crimes and crimes in opposition to humanity within the “situation in the State of Palestine“.

The 5 are Netanyahu, in addition to Israeli defence minister Yoav Gallant and Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh.

Khan’s software accuses Netanyahu and Gallant of the crimes of homicide, hunger, assaults on civilians and extra. The three Hamas leaders are accused of being answerable for comparable crimes, in addition to rape and torture.

Nevertheless it’s nonetheless an software. At time of publication, the ICC has not issued any arrest warrant for the 5. And Netanyahu has not been accused of genocide.

Khan’s software must be determined by ICC judges in a course of likely to take months. In March 2008, for instance, the ICC prosecutor requested a warrant for the arrest of Sudanese navy chief Omar al-Bashir. ICC judges solely issued the actual warrant a yr later, in March 2009.

The brand new software has been condemned by the US, which has not signed the ICC’s Rome Statute. There is debate about whether or not the ICC will subject the arrest warrants in any respect.

On the time of publication, the ICC had not issued an arrest warrant for Israeli prime minister Netanyahu.