Former Israeli Supreme Court president Aharon Barak said on Friday that the UN-backed International Criminal Court (ICC) is ready to freeze its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant if a state commission of inquiry is formed to look into the October 7, 2023 events and the war that followed.
Barak represented Israel as an ad-hoc judge at the International Court of Justice for the genocide case that was brought against Netanyahu and Gallant by South Africa amid the war in Gaza.
In comments to several Hebrew media outlets, Barak said that a few days ago he addressed officials at the ICC and inquired about their position if a state commission of inquiry was formed in Israel.
The officials clearly said that in such a case, they will cancel their decision to arrest Netanyahu and Gallant and freeze the trial.
Barak, 89, said the Netanyahu-led government continues to undermine Israel's judicial system and harm its international status.
On November 21, the ICC issued arrest warrants for Netanyahu and his former defense chief, as well as a Hamas leader, Ibrahim Al-Masri, also known as Mohammed Deif, for alleged war crimes and crimes against humanity in the Gaza conflict.
ICC Chief Prosecutor Karim Khan withdrew his request for warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, who have both since been killed.
The three arrest warrants were classified as “secret” to protect witnesses and to safeguard the conduct of investigations.
However, the ICC Pre-Trial Chamber decided to release the information due to the continuation of the war and likely violations of international law, in particular the fact that hostages continue to be held in Gaza.
“The Chamber considers it is also in the interest of victims and their families to be aware of the warrant’s existence,” the Court said.
Also, the chamber rejected Israel’s challenges to jurisdiction and warrants of arrest for Netanyahu and Gallant. It considered that the alleged conduct of Netanyahu and Gallant falls within the jurisdiction of the Court in the situation extended to Gaza and the West Bank, including East Jerusalem.
Netanyahu’s office described the ICC’s decision as “antisemitic.” Israel then urged what it called “nations of the civilized world” to refuse to implement any international criminal court arrest warrants.
The US rejected the ICC decision while Argentina and Hungary said they will not enforce the arrest warrants for Netanyahu and Gallant.
