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Explainer What's next for Israeli and Hamas leaders?

The Straits Times

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November 23, 2024

Judges at the International Criminal Court (ICC) on Nov 21 issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli defence chief Yoav Gallant, and Hamas leader Mohammed Deif for alleged war crimes and crimes against humanity.

The move comes after ICC prosecutor Karim Khan announced on May 20 that he was seeking arrest warrants for alleged crimes connected to the Oct 7, 2023, attacks on Israel by Hamas and the Israeli military response in Gaza.

Here is a look at what could happen next, and how the ICC prosecutor's move might affect diplomatic ties and other court cases focused on Gaza.

WILL NETANYAHU AND HAMAS LEADER BE ARRESTED?

All 124 member states of the ICC are obliged by the court's founding statute to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory.

But the court has no means of enforcing such an arrest. It has no police force, so the arrest of suspects must be carried out by a member state or a cooperative state.

Sanctions for not arresting someone despite a warrant are little more than a diplomatic slap on the wrist, such as the referral of a country to the ICC's governing body made up of member states and ultimately to the United Nations Security Council.

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