ICC role as Netanyahu defies arrest warrant: Test for global justice & diplomacy

The International Criminal Court (ICC) is often regarded as a pillar of global justice, established to hold individuals accountable for war crimes, genocide, and crimes against humanity.

- TDG NETWORK

However, its authority and effectiveness are frequently questioned when high-profile political figures, such as Israeli Prime Minister Benjamin Netanyahu, defy arrest warrants issued against them. This defiance raises significant questions about the ICC's jurisdiction, the global repercussions of non-compliance, and the broader implications for international diplomacy.

ICC'S MANDATE & ITS ENFORCEMENT Founded by the Rome Statute in 2002, the ICC was designed as an independent body capable of prosecuting individuals accused of severe international crimes. However, a fundamental weakness of the ICC is its lack of an independent enforcement mechanism. Unlike national judicial systems that have law enforcement agencies to ensure compliance, the ICC relies entirely on its member states to execute arrest warrants and enforce its rulings.

This dependency becomes problematic when political considerations influence a state's willingness to cooperate. Many states, particularly powerful or strategically important ones, selectively enforce ICC mandates based on their national interests, thereby undermining the credibility of the court. This selectivity has led to accusations that the ICC disproportionately targets leaders from certain regions while being unable to prosecute figures from more influential countries.

NETANYAHU'S ARREST WARRANT In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of alleged war crimes and crimes against humanity in the Gaza conflict. The charges included accusations of using starvation as a weapon of war and deliberately targeting civilians. However, Israel, which is not a signatory to the Rome Statute, immediately rejected the ICC's jurisdiction and dismissed the accusations as politically motivated.