4 Reasons Why Israel and Its Allies Are Afraid of Fugitive Status from the ICC?

TEL AVIV – Israel has long been accused of acting with impunity in the occupied Palestinian territories, and has relied on support from the United States and Western countries to protect it from fallout.

But a flurry of recent media reports from Israel suggests that Israeli officials may be concerned about the changes coming as the International Court of Justice (ICC) reportedly plans to prosecute Israeli military and political figures for war crimes and crimes against humanity in Gaza.

Israeli media reports suggest that an arrest warrant could be issued as early as this week and that Israel has asked the US to pressure the courts not to issue one. Al Jazeera has not been able to independently confirm the potential warrant.

The ICC has spoken to medical staff in Gaza about possible war crimes, Reuters news agency reported on Tuesday, reigniting discussions about a possible arrest warrant.

In March 2021, an ICC investigation into Israel’s actions in Gaza and the occupied West Bank and East Jerusalem since 2014 was launched under the leadership of former ICC Prosecutor Fatou Bensouda.

In November last year, Bangladesh, Bolivia, Comoros, Djibouti and South Africa again took Israel’s actions to court, prompting the current Prosecutor, Karim Khan, to announce that the ongoing investigation had been expanded to cover violence since Israel’s latest war in Gaza began in October.

A month later, during a visit to the West Bank and Israel, he said the court would investigate crimes committed by Israel and Hamas on and since October 7.

Why an investigation that had been underway for three years suddenly raised concerns in Israel has raised several questions.

4 Reasons Why Israel and Its Allies Are Afraid of Fugitive Status from the ICC?

1. Israel Did Not Sign the Rome Statute

Photo/Reuters

Israel is not a signatory to the Rome Statute, the treaty that established the ICC, and as such, does not recognize its authority, nor does the United States.

Typically, this means courts cannot investigate Israel; however, its jurisdiction covers crimes committed by a member state or in the territory of one of its member states, of which Palestine is a member state, which joined at the request of the Palestinian Authority in 2015.