The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former Defense Minister Yoav Gallant, and Hamas leader Mohammed Deif, for crimes they are accused of committing in Gaza. Will this achieve justice and help solve the crisis?
The ICC’s decision could bring some joy to certain people. However, it will certainly complicate matters in Gaza and Lebanon, because Netanyahu will now feel compelled to escalate further as he had done after the October 7th operation, which turned him from a man under investigation in Israel into a "national leader."
We are seeing a surge in Netanyahu's popularity in Israel. Citizens are rallying around him, and he is seen as a man standing alone against "all of Israel's enemies." Everyone knows that Netanyahu never misses an opportunity to consolidate his political standing and image as a leader, even if it costs lives and brings destruction. Nonetheless, the ICC's decision cannot be implemented and will have no real judicial impact. It will do more to stir controversy than contribute to solving the crisis in Gaza and Lebanon, as it equates Israel and Hamas, creating the impression that it is a political decision seeking to reflect a balanced position.
It is embarrassing for everyone. It embarrasses those who demand the prosecution of Israeli leaders in defense of Hamas. It embarrasses the West, which welcomed "justice" when the ICC issued an arrest warrant for Russian President Vladimir Putin and is now divided over Netanyahu's arrest warrant!
This court previously ordered the arrest of former Sudanese President Omar al-Bashir, but he was not arrested when he went to South Africa. It failed to arrest Muammar Gaddafi and, more recently, President Putin, who was not arrested when he traveled to Mongolia, also a member. No one knows how Hamas leader Mohammed Deif, whom Israel previously declared dead, will be arrested, leading Netanyahu to mock the court's decision and claim that it had issued an arrest warrant for a corpse!
And no one knows why there is only a warrant for Mohammed Deif. What about the other Hamas leaders? Is the court certain that Deif is alive? Or does that not matter? Accordingly, the question arises: What about Yahya Sinwar?
Of course, no one would object to the implementation of justice and severe penalties for both Israelis and Hamas leaders, because crimes against humanity, in every sense of the word, have been perpetrated in Gaza. As Prince Turki Al-Faisal said in his article, The War On Gaza: A Profound Defeat: "To ensure the success of this new peace initiative, it is imperative to prohibit all current leaders of Hamas, the Palestinian Authority, and Israel from holding any future political positions." I would add the leaders of Hezbollah to this list.
So, how can justice be achieved? Will the ICC's decision contribute to ending the wars or aggravating the hostilities, especially on the part of Netanyahu? How can justice be achieved when the United States, China, and Russia do not recognize the ICC and have veto power in the Security Council?
Accordingly, the ICC's decision has suffered all the cards, raised expectations, and embarrassed all parties: Hamas supporters, Israelis, and the West, particularly the United States. Hence, the question remains: Justice... and then what?
