عربي English Türkçe اردو فارسى
Logo
Latest News
Features

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)
TT
TT

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.

Most Viewed

 
 
Features

Challenges of the Gaza Humanitarian Aid Pier Offer Lessons for the US Army

A truck carries humanitarian aid across Trident Pier, a temporary pier to deliver aid, off the Gaza Strip, amid the ongoing conflict between Israel and the Palestinian group Hamas, near the Gaza coast, May 19, 2024. US Army Central/Handout via REUTERS
A truck carries humanitarian aid across Trident Pier, a temporary pier to deliver aid, off the Gaza Strip, amid the ongoing conflict between Israel and the Palestinian group Hamas, near the Gaza coast, May 19, 2024. US Army Central/Handout via REUTERS
TT
TT

Challenges of the Gaza Humanitarian Aid Pier Offer Lessons for the US Army

A truck carries humanitarian aid across Trident Pier, a temporary pier to deliver aid, off the Gaza Strip, amid the ongoing conflict between Israel and the Palestinian group Hamas, near the Gaza coast, May 19, 2024. US Army Central/Handout via REUTERS
A truck carries humanitarian aid across Trident Pier, a temporary pier to deliver aid, off the Gaza Strip, amid the ongoing conflict between Israel and the Palestinian group Hamas, near the Gaza coast, May 19, 2024. US Army Central/Handout via REUTERS

It was their most challenging mission.
US Army soldiers in the 7th Transportation Brigade had previously set up a pier during training and in exercises overseas but never had dealt with the wild combination of turbulent weather, security threats and sweeping personnel restrictions that surrounded the Gaza humanitarian aid project.
Designed as a temporary solution to get badly needed food and supplies to desperate Palestinians, the so-called Joint Logistics Over-the-Shore system, or JLOTS, faced a series of setbacks over the spring and summer. It managed to send more than 20 million tons of aid ashore for people in Gaza facing famine during the Israel-Hamas war.
Service members struggled with what Col. Sam Miller, who was commander during the project, called the biggest “organizational leadership challenge” he had ever experienced.
Speaking to The Associated Press after much of the unit returned home, Miller said the Army learned a number of lessons during the four-month mission. It began when President Joe Biden announced in his State of the Union speech in March that the pier would be built and lasted through July 17, when the Pentagon formally declared that the mission was over and the pier was being permanently dismantled.
The Army is reviewing the $230 million pier operation and what it learned from the experience. One of the takeaways, according to a senior Army official, is that the unit needs to train under more challenging conditions to be better prepared for bad weather and other security issues it faced. The official spoke on condition of anonymity because assessments of the pier project have not been publicly released.
In a report released this week, the inspector general for the US Agency for International Development said Biden ordered the pier's construction even as USAID staffers expressed concerns that it would be difficult and undercut a push to persuade Israel to open “more efficient” land crossings to get food into Gaza.
The Defense Department said the pier “achieved its goal of providing an additive means of delivering high volumes of humanitarian aid to the people of Gaza to help address the acute humanitarian crisis.” The US military knew from the outset “there would be challenges as part of this in this complex emergency,” the statement added.
The Biden administration had set a goal of the US sea route and pier providing food to feed 1.5 million people for 90 days. It fell short, bringing in enough to feed about 450,000 people for a month before shutting down, the USAID inspector general's report said.
The Defense Department’s watchdog also is doing an evaluation of the project.
Beefing up training Army soldiers often must conduct their exercises under difficult conditions designed to replicate war. Learning from the Gaza project — which was the first time the Army set up a pier in actual combat conditions — leaders say they need to find ways to make the training even more challenging.
One of the biggest difficulties of the Gaza pier mission was that no US troops could step ashore — a requirement set by Biden. Instead, US service members were scattered across a floating city of more than 20 ships and platforms miles offshore that had to have food, water, beds, medical care and communications.
Every day, said Miller, there were as many as 1,000 trips that troops and other personnel made from ship to boat to pier to port and back.
“We were moving personnel around the sea and up to the Trident pier on a constant basis,” Miller said. “And every day, there was probably about a thousand movements taking place, which is quite challenging, especially when you have sea conditions that you have to manage.”
Military leaders, he said, had to plan three or four days ahead to ensure they had everything they needed because the trip from the pier to their “safe haven” at Israel's port of Ashdod was about 30 nautical miles.
The trip over and back could take up to 12 hours, in part because the Army had to sail about 5 miles out to sea between Ashdod and the pier to stay a safe distance from shore as they passed Gaza City, Miller said.
Normally, Miller said, when the Army establishes a pier, the unit sets up a command onshore, making it much easier to store and access supplies and equipment or gather troops to lay out orders for the day.
Communication difficulties While his command headquarters was on the US military ship Roy P. Benavidez, Miller said he was constantly moving with his key aides to the various ships and the pier.
“I slept and ate on every platform out there,” he said.
The US Army official concurred that a lot of unexpected logistical issues came up that a pier operation may not usually include.
Because the ships had to use the Ashdod port and a number of civilian workers under terms of the mission, contracts had to be negotiated and written. Agreements had to be worked out so vessels could dock, and workers needed to be hired for tasks that troops couldn't do, including moving aid onto the shore.
Communications were a struggle.
“Some of our systems on the watercraft can be somewhat slower with bandwidth, and you’re not able to get up to the classified level,” Miller said.
He said he used a huge spreadsheet to keep track of all the ships and floating platforms, hundreds of personnel and the movement of millions of tons of aid from Cyprus to the Gaza shore.
When bad weather broke the pier apart, they had to set up ways to get the pieces moved to Ashdod and repaired. Over time, he said, they were able to hire more tugs to help move sections of the pier more quickly.
Some of the pier's biggest problems — including the initial reluctance of aid agencies to distribute supplies throughout Gaza and later safety concerns from the violence — may not apply in other operations where troops may be quickly setting up a pier to get military forces ashore for an assault or disaster response.
“There’s tons of training value and experience that every one of the soldiers, sailors and others got out of this,” Miller said. "There’s going to be other places in the world that may have similar things, but they won’t be as tough as the things that we just went through.”
When the time comes, he said, “we’re going to be much better at doing this type of thing.”
One bit of information could have given the military a better heads-up about the heavy seas that would routinely hammer the pier. Turns out, said the Army official, there was a Gaza surf club, and its headquarters was near where they built the pier.
That "may be an indicator that the waves there were big,” the official said.