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The Rome Statute
The Statesman
|December 04, 2024
The PTC issues arrest warrants on the application of the Prosecutor, if it is satisfied that there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the court, and the arrest of the person is necessary to ensure the person's appearance at trial and does not obstruct or endanger the investigation or the court proceedings. It may also be issued to prevent the person from continuing with the commission of that crime or a related crime
On November 21, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) formally issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister, Yoav Gallant, for crimes against humanity and war crimes committed from 8 October 2023, until 20 May 2024 - the period between the start of the war in Gaza and when the ICC's prosecutor made a request for the warrants of arrest.
An arrest warrant was also issued for Hamas military commander Mohammed Deif, whom Israel claims it killed in August. The ICC chief prosecutor had also sought warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, but withdrew his request after they were killed in the conflict.
The PTC rejected legal challenges to the arrest warrants that Israel had filed on 26 September 2024, including the Court's jurisdiction over the situation in the State of Palestine in general, and over Israeli nationals in particular. The PTC noted that the acceptance by Israel of the Court's jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine.
The ICC, The Hague-based permanent international court was established under the Rome Statute, adopted on 17 July 1998, to help end impunity for the perpetrators of the most serious crimes committed during armed conflicts.
It can prosecute individuals for grave international crimes, including genocide, war crimes, crimes against humanity, and crimes of aggression that occurred after 1 July 2002, within member states (States Parties) or involving their nationals, especially in cases where national courts are unable to do so.
This story is from the December 04, 2024 edition of The Statesman.
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