Is the ICC’s Arrest Warrant for Netanyahu Justified?

The International Criminal Court (ICC) is tasked with prosecuting individuals for the most serious offenses, such as genocide and war crimes. The ICC recently requested arrest warrants for Hamas’s leaders, Israeli Prime Minister Benjamin Netanyahu, and Minister of Defense Yoav Gallant for various crimes in the ongoing Israel-Hamas War. In Netanyahu’s case, he is accused of multiple war crimes and crimes against humanity, including the starvation of civilians as a weapon of war and “intentionally directing attacks against a civilian population.” Although Israel is not a signatory to the ICC, as Palestine is, the international legal implications still affect Netanyahu by limiting where he can travel and risking arrest if he visits a country or Western ally that is an ICC signatory. But some officials and many others question the fairness of equating his actions, which are intended to protect his country, with those of Hamas. Those who believe the warrant isn’t justified argue that the ICC doesn’t have legal jurisdiction over Israeli citizens and claim the warrant is politically motivated. Those who agree with the ICC argue that it’s a necessary step in enforcing international law, ensuring accountability, and helping provide justice to victims.

With this context, we debate the question: Is the ICC’s Warrant Against Netanyahu Justified?

Arguing Yes: Kenneth Roth, Former Executive Director of Human Rights Watch; Professor at the Princeton School of International Affairs

Arguing No: Eugene Kontorovich, Law Professor at George Mason University; Executive Director of Scalia Law School’s Center for the Middle East and International Law

Xenia Wickett, Geopolitical strategist, moderator at Wickett Advisory, and Trustee of Transparency International UK, is the guest moderator.

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