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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)
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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.

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Syria’s Al-Qusayr Celebrates Eid al-Fitr without Hezbollah for First Time in Years

People perform Eid Al-Fitr prayers in Al-Qusayr. (Sami Volunteer Team)
People perform Eid Al-Fitr prayers in Al-Qusayr. (Sami Volunteer Team)
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Syria’s Al-Qusayr Celebrates Eid al-Fitr without Hezbollah for First Time in Years

People perform Eid Al-Fitr prayers in Al-Qusayr. (Sami Volunteer Team)
People perform Eid Al-Fitr prayers in Al-Qusayr. (Sami Volunteer Team)

Amid the devastation, thousands of residents of Syria’s Al-Qusayr performed Eid Al-Fitr prayers in the northern district square—the site where the city’s first protest against President Bashar al-Assad’s rule erupted in 2011.

For the first time in Al-Qusayr’s history, Eid prayers were held in a public square. It was also the first mass gathering of residents in an open space in 13 years, following a war that destroyed 70% of the city, displaced its people, and led to its capture by Lebanon’s Hezbollah and Syrian regime forces.

Al-Qusayr, a region located near the Lebanese border, was once Hezbollah’s most significant stronghold in Syria. The group withdrew after the fall of the Syrian regime in December, but its loyalists and affiliated locals remained, along with residents of several border villages that have seen sporadic clashes in recent months.

The most intense fighting occurred in February, when Syrian forces launched a military operation that pushed them into Lebanese territory and deployed troops to seal off illegal border crossings.

Tensions flared again two weeks ago after Syrian soldiers were killed in the border region, triggering an exchange of artillery fire between the two sides.

The clashes left casualties on both ends and forced the displacement of border village residents before a ceasefire was reached with the Lebanese army.

The agreement included the closure of four illegal crossings in an effort to curb the smuggling of weapons and drugs, a trade that has flourished over the past decade under the former regime.

As soon as the regime fell, refugees from Al-Qusayr living in Lebanese camps began returning to their hometown. Hundreds arrived to find their homes completely destroyed, forcing them to set up tents beside the ruins while they rebuilt or searched for alternative housing.

The residents of Al-Qusayr resumed their communal Eid traditions after Ramadan. (Sami Volunteer Team)

The large turnout for Eid prayers underscored the scale of the return.

Journalist Ahmed al-Qasir, who recently came back, estimated that about 65% of those displaced have now returned. Before the uprising, Al-Qusayr had a population of around 150,000, he told Asharq Al-Awsat.

Shahin, 30, who returned in 2018, described the city as a wasteland at the time, despite some 20,000 people having already come back.

“Hezbollah, regime militias, and smugglers controlled the area. There were no real markets, just small shops. Everything was in ruins—schools, clinics, hospitals,” he said.

Residents had to travel 30 kilometers to Homs for basic necessities, enduring regime checkpoints that extorted money along the way.

With the fall of Assad’s regime and Hezbollah’s withdrawal, life in Al-Qusayr has slowly begun to return to normal. Since the start of Ramadan, markets have reopened despite widespread destruction, poverty, and hardship.

On the eve of Eid, the city’s streets buzzed with late-night shopping, Shahin noted.

“Al-Qusayr is finally regaining its role as the region’s commercial hub,” he said.

According to a survey by the Sami Volunteer Team, more than 30,000 refugees returned to Al-Qusayr and its countryside within the first month of the regime’s collapse.

That number is believed to have doubled over the past four months, and team organizers expect it to rise further once the school year ends.

Zaid Harba, a member of the 40-person volunteer group, said most returnees came from refugee camps in Lebanon, while fewer arrived from displacement camps in northern Syria.

Many families there are waiting for the academic year to conclude before arranging their return.