Can ICC arrest warrants for Gaza war figures bring justice to Palestinians?

International Criminal Court Prosecutor Karim Khan has stirred controversy by applying for arrest warrants for senior Israeli ministers and Hamas commanders, bringing the court into the spotlight and sparking debates about the move’s potential success and timing.

Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant have vehemently criticized Khan’s decision, with Netanyahu calling it “totally absurd” and “a travesty of justice.” Gallant labeled the proposed warrants as “disgraceful,” suggesting they were aimed at undermining the foundation of the state of Israel.

Despite the slim chances of the ICC arrest warrants being executed, the motivation behind Khan’s move is being questioned. Some experts believe that the warrants could be a strategic move to pressure both sides to end the conflict, release hostages, and increase access to humanitarian aid in Gaza.

While some argue that the ICC’s action could complicate ceasefire negotiations, others point to past cases where accountability processes negotiated during peace talks led to justice for wartime atrocities. The decision now rests with the ICC’s pre-trial chamber judges, who will determine whether to proceed with the arrest warrants.

Legal experts believe that Khan’s case is strong, with allegations of war crimes including using starvation as a weapon, causing suffering, killing civilians, and persecution. The judges will assess the evidence and decide if an arrest is necessary.

The enforcement of any arrest warrants remains uncertain, as Israel has shown reluctance to cooperate with the ICC. The United States has also expressed support for Israel, with Senator Lindsey Graham pushing to censure the ICC and Secretary of State Antony Blinken considering sanctions.

Despite the challenges in enforcing the warrants, some countries like Germany have indicated they would comply with an ICC arrest warrant. However, Israel’s Attorney General has criticized Khan’s haste in seeking warrants, arguing that internal investigations are already underway.

Overall, the case has raised questions about the future of the ICC and the willingness of states to uphold international law. As the judges deliberate on the arrest warrants, the international community watches closely to see how the situation unfolds.