If issued, arrest warrants against Netanyahu, Gallant, Sinwar, and Al-Masri must be executed.
- Almost five months after the International Criminal Court (ICC) Prosecutor’s request, the Court has yet to issue a decision on the arrest warrants.
- European Union (UE) member States must shield the ICC against the pending United States (US) legislation aimed at obstructing "any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies" – namely Israeli Prime Minister Netanyahu and Defence Minister Gallant.
- Israel ignores International Court of Justice (ICJ) ruling that its conduct in Gaza constitutes a risk of genocide. Mass displacements and atrocities continue in Gaza.
Paris, Brussels, 15 October 2024. The International Federation for Human Rights (FIDH) calls on EU member states to shield the International Criminal Court (ICC) from ongoing threats targeting the prosecutor, judges, staff and their immediate family members, witnesses, NGOs, and businesses, among others who have supported the Court’s investigations and prosecutions.
The Court’s ability to function must be safeguarded, ensuring it can reach independent and impartial decisions on arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Israeli Defence Minister Yoav Gallant, Hamas leader Yahya Sinwar, and Al-Qassam Brigades leader Mohammed Diab Ibrahim Al-Masri.
Danya Chaikel, Representative to the International Criminal Court, FIDH, said :
"If these arrest warrants are issued and if Israel’s jurisdictional challenge fails, all EU governments are legally obliged to arrest and surrender the suspects in accordance with the Rome Statute."
"The pending US legislation, already supported by the US House of Representatives called “Illegitimate Court Counteraction Act” is an open attempt to sabotage any Court effort to investigate, arrest, detain, or prosecute Prime Minister Netanyahu, Defence Minister Gallant and, as a consequence also Hamas leaders."
"Yet, many EU Member States appear to underestimate the seriousness of the US threat of sanctions – which would effectively halt the Court’s operations, including providing justice and reparations to victims. We condemn any intimidation against ICC officials and their families. Such actions undermine the very core of international justice and are an affront to the principles of impartiality and accountability. Without it, impunity would prevail and allow the cycle of violence and atrocity crimes to continue".
"The EU should counter the planned US extraterritorial sanctions and make it clear that the ICC’s independence is non-negotiable. This would send a strong political message that EU countries will not tolerate efforts to undermine the Court. Luxembourg has indicated its readiness to support updating the EU Blocking Statute to counter these threats, and FIDH urges other EU members to follow suit. Governments should also look into national-level blocking statutes to provide additional layers of legal protection. FIDH further calls on EU members to increase diplomatic engagement to oppose threats and sanctions, and publicly reaffirm their support for the ICC through unified, high-level statements".
Alexis Deswaef, Vice President, FIDH said :
"We should also recall the International Court of Justice (ICJ) orders. The ICJ has found that Israel’s conduct in Gaza constitutes a risk of genocide, and ordered Israel to prevent it. But Israel has taken no measures. Mass displacements and atrocities continue. The ICJ ordered Israel to immediately cease its military attacks in Rafah and to open the Rafah crossing for humanitarian aid. That has been ignored by Israel, and the international community, particularly the US."
"On 19 July 2024, the ICJ also issued an advisory opinion declaring Israel’s continued occupation of the Palestinian territories, including East Jerusalem, as unlawful. The Court condemned Israel’s settlement and annexation practices, ordering an end to the occupation. It stressed that third-party states must not recognise or assist in maintaining the illegal situation and should take active measures to bring it to an end. However, despite these clear obligations, EU member states don’t take action".
Al Mezan Center for Human Rights, FIDH member organisation based in Gaza, on the devastating impact of unchecked impunity :
"A few weeks ago, we saw Israel’s Prime Minister speaking at the UN General Assembly in New York, presenting a map of Israel that included not just the West Bank, including East Jerusalem, but also Gaza. This brazen display exemplifies how Israel’s impunity and lack of accountability for both current and past crimes have reached alarming levels. It underscores the troubling reality that, over a year into the genocide against the Palestinians in Gaza, the international community has failed to take decisive action to prevent, stop, and punish Israel for these acts — or for any other crimes committed against the Palestinian people".
"Emboldened by the lack of accountability, Israel has now entered a "new phase" of its genocidal violence against Palestinians in Gaza — namely, the systematic removal or elimination of Palestinian presence in northern Gaza through atrocity crimes, including mass killings, displacement, and starvation. Impunity has also encouraged Israel to dramatically escalate violence against Palestinians in the West Bank and, more recently, in Lebanon."
"As Israeli atrocities continue unabated, the international community’s failure to impose lawful sanctions or hold Israel accountable for its actions sends a clear message : that the lives of Palestinians can be disregarded with no consequence".
