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ICC calls on member states to cooperate over Netanyahu and Gallant arrest warrants

November 26, 2024 at 9:32 am

A view of banners placed on buildings at squares in Tehran, Iran on November 25, 2024, after International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for war crimes and crimes against humanity in Gaza [Fatemeh Bahrami/Anadolu Agency]

The International Criminal Court (ICC) has called on its member states to cooperate in implementing the arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant.

“States that are parties to the ICC Rome Statute have an obligation to cooperate with the ICC, according to Chapter Nine of the statute,” said the court spokesman Fadi El-Abdullah on Monday. “States that are not parties to the ICC can cooperate on a voluntary basis if they want to.”

El-Abdullah told the Palestinian News Agency (WAFA), that after issuing arrest warrants, the court asks the states in whose territories the suspects are located to cooperate with the court, noting that the court’s judges can, in the event that a state that is party to the Rome Statue denies the obligation to cooperate, refer it to the Assembly of State Parties to take whatever action the assembly deems appropriate.

“Issuing arrest warrants is the first step in the preliminary stages of a case,” explained the ICC official. “It is not a judgment. It is only a preliminary stage by which they say that the evidence presented by the prosecutor established reasonable grounds and makes it necessary for the judges to listen also to the defence views on this matter.”

He pointed out that a judgment will come only if there is a trial and after it. “There is no trial in absentia at the ICC. So that means that when we have an arrest warrant, it is important that the suspects appear before the judge just for the case to move ahead.”

Regarding the possibility of opening an ICC country office in the Middle East similar to the office it opened in Ukraine, El Abdullah said that the issue of opening offices is linked to practical developments that may or may not require it, so it is too early to determine whether there is a need to open an office in the Middle East or not.

The ICC issued arrest warrants last week for Netanyahu and Gallant for crimes against humanity and war crimes. The warrants are binding on 125 states that are parties to the Rome Statute, a large number of which have diplomatic relations with Israel. This means that Netanyahu and Gallant will no longer be able to visit these countries.

The crimes of which the Israeli prime minister and former defence minister are accused include using starvation as a weapon of war, murder and persecution, and inhumane acts.

READ: G7 seeks unity on ICC arrest warrant for Netanyahu