What Happens after ICC Prosecutor Seeks Warrants in Israel-Gaza Conflict?

 Israeli Prime Minister Benjamin Netanyahu arrives to his Likud party faction meeting at the Knesset, Israel's parliament, in Jerusalem May 20, 2024 (Reuters)
Israeli Prime Minister Benjamin Netanyahu arrives to his Likud party faction meeting at the Knesset, Israel's parliament, in Jerusalem May 20, 2024 (Reuters)
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What Happens after ICC Prosecutor Seeks Warrants in Israel-Gaza Conflict?

 Israeli Prime Minister Benjamin Netanyahu arrives to his Likud party faction meeting at the Knesset, Israel's parliament, in Jerusalem May 20, 2024 (Reuters)
Israeli Prime Minister Benjamin Netanyahu arrives to his Likud party faction meeting at the Knesset, Israel's parliament, in Jerusalem May 20, 2024 (Reuters)

The International Criminal Court prosecutor's office has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his defense chief, and also for three Hamas leaders for alleged war crimes and crimes against humanity. Here is a look at what happens next, and how the ICC prosecutor's move might impact diplomatic relations and other court cases focused on Gaza.

WHAT HAPPENS NEXT AT ICC?

Prosecutor Karim Khan's request goes to a pre-trial chamber. The chamber will be composed of three magistrates: presiding judge Iulia Motoc of Romania, Mexican judge Maria del Socorro Flores Liera and judge Reine Alapini-Gansou of Benin. There is no deadline for judges to decide whether to issue arrest warrants. In previous cases, judges have taken anywhere from just over a month to several months.

If the judges agree there are "reasonable grounds" to believe war crimes or crimes against humanity have been committed, they will issue an arrest warrant. The warrant must name the person, the specific crimes for which an arrest is sought and a statement of facts which are alleged to constitute those crimes.

Judges can amend arrest warrant requests and grant only portions of what the prosecutor is seeking. Charges can also be changed and updated later.

Israeli and Hamas leaders have dismissed allegations of committing war crimes, and representatives of both sides criticized Khan's decision.

WILL NETANYAHU AND THE HAMAS LEADERS BE ARRESTED?

The ICC's founding Rome statute combined with jurisprudence from past cases involving arrest warrants against sitting heads of state oblige all 124 ICC signatory states to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory. However, the court has no means to enforce an arrest. The sanction for not arresting someone is a referral back to the ICC's assembly of member states and ultimately a referral to the U.N. Security Council.

CAN AN ICC INVESTIGATION OR WARRANT BE PAUSED?

The court's rules allow for the UN Security Council to adopt a resolution that would pause or defer an investigation or a prosecution for a year, with the possibility of renewing that indefinitely.

In past cases where a state has ignored its obligation to arrest an individual facing an ICC warrant, they have received a procedural slap on the wrist at most.

CAN NETANYAHU AND HAMAS CHIEF YAHYA SINWAR STILL TRAVEL?

Yes they can. Neither the application for a warrant nor the issuance of an ICC arrest warrant curbs an individual's freedom to travel. However, once an arrest warrant has been issued, they risk arrest if they travel to an ICC signatory state, which may influence their decision-making.

There are no restrictions on political leaders, lawmakers or diplomats from meeting individuals with an ICC arrest warrant against them. Politically, however, the optics of this may be bad.

WILL THIS APPLICATION FOR WARRANTS INFLUENCE OTHER CASES?

Not directly, but perhaps indirectly. The ICC application is a separate matter to, for example, court cases demanding an arms embargo against Israel or South Africa's attempts at the International Court of Justice to seek a halt to Israel's offensive on Rafah.

If the judges decide there are reasonable grounds to believe Netanyahu and Defense Minister Yoav Gallant are committing war crimes and crimes against humanity in Gaza, it could strengthen legal challenges demanding an arms embargo elsewhere as numerous states have provisions against selling arms to states who might use them in ways that violate international humanitarian law.



For Palestinian Athletes, the Olympics is About More than Sports

Omar Ismail — who has visited relatives in Jenin — believes his mere participation symbolizes something larger than himself (The AP)
Omar Ismail — who has visited relatives in Jenin — believes his mere participation symbolizes something larger than himself (The AP)
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For Palestinian Athletes, the Olympics is About More than Sports

Omar Ismail — who has visited relatives in Jenin — believes his mere participation symbolizes something larger than himself (The AP)
Omar Ismail — who has visited relatives in Jenin — believes his mere participation symbolizes something larger than himself (The AP)

Most of the athletes representing the Palestinian territories at the Paris Olympics were born elsewhere — Saudi Arabia, Dubai, Germany, Chile and the United States — yet they care deeply about the politics of their parents’ and grandparents’ homeland.

They are eager to compete but say their presence at the Games isn’t only, or even primarily, about sports. With Israel and Hamas locked in a brutal war that has killed tens of thousands in Gaza, these eight athletes — two of whom hail from the West Bank — carry heavier burdens.

Yazan Al Bawwab, a 24-year-old swimmer who was born in Saudi Arabia and lives in Dubai, said he doesn't expect recognition for his performance in the pool. He uses swimming, he said, as a "tool for Palestine.”

“Unfortunately, nobody has ever asked me about my races. Nobody cares,” said al Bawwab, whose parents come from Jerusalem and Lod, a city that today is in central Israel. “I’m going to be plain and honest: France does not recognize Palestine as a country. But I’m over there, raising my flag. That’s my role.”

Omar Ismail, who was born in Dubai to parents who come from the West Bank town of Jenin, has loftier athletic ambitions. Shortly after earning his spot on the team at a taekwondo qualification tournament in China, the 18-year-old said he aims to win a gold medal in Paris.

But even if he does not earn a medal, Ismail — who has visited relatives in Jenin — believes his mere participation symbolizes something larger than himself, The AP reported.

“I represent the identity of the people in Palestine, their steadfastness,” Ismail said. “I’d like to inspire the children of Palestine, show them that each of them can achieve their goals, give them hope.”

Even under the best of circumstances, it is difficult to maintain a vibrant Olympics training program in Gaza, the West Bank and east Jerusalem. Nine months of war between Israel and Hamas has made that challenge next to impossible.

Much of the country’s sporting infrastructure, clubs and institutions have been demolished, said Nader Jayousi, the technical director at the Palestine Olympic Committee.

“Do you know how many approved pools there are in Palestine? Zero,” said al Bawaab, who noted that the Palestinian economy is too small and fragile to consistently support the development of elite athletes. “There is no sports in Palestine. We are a country right now that does not have enough food or shelter, and we are trying to figure out how to stay alive. We are not a sports country yet.”

The Palestinian diaspora has always played an important role at the Olympics and other international competitions, Jayousi said.

Jayousi said it’s not the first time that most of the athletes representing the POC come from abroad. He said the Palestinian diaspora is always represented at any big international sporting competition and Olympics.

More than 38,000 people have been killed in Gaza since the war between Israel and Hamas began, according to local health officials. Among those who died were about 300 athletes, referees, coaches and others working in Gaza's sports sector, according to Jayousi.

Perhaps the most prominent Palestinian athlete to die in the war was long-distance runner Majed Abu Maraheel, who in 1996 in Atlanta became the first Palestinian to compete in the Olympics. He died of kidney failure earlier this year after he was unable to be treated in Gaza and could not be evacuated to Egypt, Palestinian officials said.

Only one Palestinian athlete, Ismail, qualified for the Paris Games in his own right. The seven others gained their spots under a wild-card system delivered as part of the universality quota places.. Backed by the International Olympic Committee, it allows athletes who represent poorer nations with less-established sports programs to compete, even though they did not meet the sporting criteria.

“We had very high hopes that we would go to Paris 2024 with qualified athletes,” Jayousi, the team's technical director, said. “We lost lots of these chances because of the complete stoppage of every single activity in the country.”

Palestinian athletes will compete in boxing, judo, swimming, shooting, track and field and taekwondo.

There is a chance Palestinian athletes could compete against Israelis in Paris. The Israel Olympic Committee said it is sending 88 athletes to Paris, and that they would compete against athletes from anywhere.

Jayousi declined to say whether clear guidelines have been issued to Palestinian athletes about whether they would be expected — as a form of protest against the war in Gaza — to drop out of competition rather than face Israelis.

“Let's see what the draws will put our athletes against," he said. “We know what we want to do, but we don't have to say everything that we want to do.”

One Olympic hopeful who did not make the cut was Gaza-born weightlifter Mohammed Hamada, a flag bearer at the 2021 Tokyo Olympics. When the war began, Hamada moved to Gaza's southernmost city of Rafah and trained there for 25 days. But because of the shortage of food, Hamada — who competed in the 102 kilograms (225 pounds) weight class — gradually lost about 18 kilograms (40 pounds).

Hamada eventually secured a visa to leave Gaza and moved to Qatar to continue his training. But, Jayousi said, he just couldn't get his body back to Olympic-level condition.

Jayousi said winning medals is not the top priority for the athletes who made it to Paris. (No Palestinian athlete has ever won an Olympic medal).

“We are going here to show our Palestinianism,” he said. “We are focused on fighting until the last second, which we have been doing as a nation for the last 80 years.”

Al Bawaab said he wants to empower the next generation of Palestinian athletes, in part by providing them with greater financial resources. He founded the Palestinian Olympians Association to help athletes prepare for sports and life beyond, including by providing them with mental-health support.

"We don’t have that sports culture yet,” al Bawaab said. “When I’m done swimming, we’ll hopefully get that rolling in the country. But you have to be safe first.”