ICC Prosecutor Seeks Arrest Warrants in Israel-Gaza War: Next Steps

05/22/2024

The International Criminal Court (ICC) prosecutor's office has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his defense chief, and for three Hamas leaders for alleged war crimes and crimes against humanity.

The ICC's founding Rome statute combined with jurisprudence from past cases involving arrest warrants against sitting heads of state oblige all 124 ICC signatory states to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory.

However, the court has no means to enforce an arrest. The sanction for not arresting someone is a referral back to the ICC's assembly of member states and ultimately a referral to the UN Security Council.

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