In the news
On 20 May, the International Criminal Court's (ICC) chief prosecutor, Karim Khan asked the court’s judges to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and top three Hamas officials. According to Khan, Netanyahu and Gallant are accused of ‘causing extermination, causing starvation as a method of war including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict.’ Khan stated: “We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population according to State policy. These crimes, in our assessment, continue to this day.”

In response to claims that he and the leaders of Hamas committed war crimes during the Gaza battle, Netanyahu has strongly denounced the prosecutor of the ICC.  He stated: “I reject with disgust the comparison of the prosecutor in the Hague between democratic Israel and the mass murderers of Hamas.” Hamas stated: “Hamas demands the cancellation of all arrest warrants issued against leaders of the Palestinian resistance, for violating UN conventions and resolutions.”

On the same day, US President Joe Biden criticised the arrest warrants: “Whatever this prosecutor might imply, there is no equivalence between Israel and Hamas. We will always stand with Israel against threats to its security.” 

On 22 May, as a result of Israel’s attack on Palestinians, Spain, Norway and Ireland asserted that they would recognize a Palestinian state on 28 May. 

On 17 May, Israel refuted South Africa’s case in the International Court of Justice (ICJ) as an ‘obscene exploitation’ of the genocide convention.  Israel claimed that its aim was not to protect Palestinian civilians but to defend Hamas militants. Israel’s justice ministry official, Gilad Noam stated: “There is a tragic conflict going on, but no genocide.” South Africa ended its arguments on 16 May after claiming emergency measures in response to Israel’s attack on Rafah. 

Issues at large
First, the ICC charge. With the adoption of the Rome Statute, an international treaty approved at a diplomatic meeting on 17 July 1998, the ICC commenced operations on 1 July 2002. 124 states are parties to the law as of February 2024. The four main international crimes recognized by the Rome Statute are crimes against humanity, war crimes, crimes of aggression, and genocide. 

Second, the global divide. Earlier, on 25 March, in addition to many other restrictions on aid and funding to Palestinians, the US government passed a bill threatening to halt funding the Palestinian Authority (PA) should it apply for UN statehood recognition and file a case against Israel at the ICC. Currently, the move against Netanyahu and Gallant was opposed by Israel's most ardent allies, the US and the UK, but other countries, particularly those in Europe, such as France and Belgium, came out in support. Alongside the European countries, the South African parliament welcomed the move by the prosecutor.

In perspective
The potential of ICC and the new developments in Europe. The ICC previously had successful records of detaining several African leaders, however when it comes to Russia or Israel ICC’s jurisdiction is limited. The ineffectiveness of the court is evident in its previous investigations against Israel, which further led to jeopardising the cases against it. The global support for Palestinians and to halt the conflict will cause the ICC to take a stance against Israeli leaders and Hamas officials.

Probing ahead, Palestine is already recognized as an independent state by numerous countries, but the movement for recognition especially among European countries will have significant ramifications. The nearly simultaneous actions taken by Norway and two other EU members could accelerate the process of additional EU members recognizing a Palestinian state and lead to more UN resolutions that further isolate Israel.