Ireland defends ICC after arrest warrants issued for Israeli leaders

Ireland defends ICC after arrest warrants issued for Israeli leaders

Credit: Greger Ravik (CC BY 2.0)

The Irish government has defended the “independence and impartiality” of the International Criminal Court (ICC) after it issued arrest warrants for Israeli and Hamas leaders.

Judges in The Hague said yesterday they have concluded that there are reasonable grounds to believe that Israeli prime minister Benjamin Netanyahu and former defence minister Yoav Gallant are responsible for war crimes and crimes against humanity.

The announcement drew immediate condemnation from US president Joe Biden, who said the issuing of arrest warrants was “outrageous” in a short statement which reaffirmed US support for Israel.

The court was also asked to consider arrest warrants for Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh — all of whom Israel claims to have killed since the ICC’s prosecutor submitted the request for arrest warrants in May.

An arrest warrant has nonetheless been issued in respect of Mr Deif by the panel of judges, who said they are “not in a position to determine whether Mr Deif has been killed or remains alive” in the absence of confirmation from Hamas.

In issuing the warrants, the court said there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as co-perpetrators for committing, jointly with others, the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts.

They also said there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.

They believe Mr Deif could be responsible for the crimes against humanity of murder, extermination, torture, and rape and other form of sexual violence, as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other form of sexual violence.

Taoiseach Simon Harris last night said the decision to issue arrest warrants was “an extremely significant step” and the charges “could not be more serious”.

“The government has long expressed its profound concern about the conduct of the war in Gaza and has stated clearly its belief that the rules of international law and international humanitarian law have not been upheld,” Mr Harris said.

“We have insisted that international law must apply in all circumstances, at all times, and in all places, and that those responsible for breaches, those who commit war crimes and crimes against humanity, must be held fully to account.”

He continued: “Ireland respects the role of the International Criminal Court. Anyone in a position to assist it in carrying out its vital work must now do so with urgency.

“There can be no argument against the need for an immediate ceasefire, release of all hostages and unhindered access for humanitarian aid in Gaza.

“The situation in Gaza could not be more desperate, is an affront to humanity and cannot be allowed to continue a moment longer.”

Tánaiste and defence minister Micheál Martin added: “This decision follows the court’s determination that there are reasonable grounds to believe that the alleged crimes were committed by these individuals.

“Ireland is a strong supporter of the ICC and calls on all states to respect its independence and impartiality, with no attempts made to undermine the court.

“Ireland has committed €3 million in voluntary contributions to the ICC in the past year.”

In his short statement yesterday, Mr Biden said: “The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.”

Neither Israel nor the US are states parties to the Rome Statute of the International Criminal Court, and both deny the court’s jurisdiction in Palestine.

Human rights organisations have insisted all states should now try to apprehend Mr Netanyahu, Mr Gallant and Mr Deif.

Balkees Jarrah, associate international justice director at Human Rights Watch, said: “The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law.

“This is all the more important given the brazen attempts to obstruct the course of justice at the court.

“Whether the ICC can effectively deliver on its mandate will depend on governments’ willingness to support justice no matter where abuses are committed and by whom.”

Agnès Callamard, secretary-general of Amnesty International, urged “all ICC member states — and non-states parties including the United States and other allies of Israel — to demonstrate their respect for the court’s decision and for universal international law principles by arresting and handing over those wanted by the ICC”.

“Holding senior officials accountable for their litany of crimes is a crucial step towards ending continuing violations of rights in Israel and the OPT, and would help address the continued dispossession and oppression of Palestinians under Israel’s unlawful occupation and system of apartheid,” she added.

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