ICC

In the second installment of their two-part analysis of the ICC's decision to issue arrest warrants against Israeli leaders, Prof. Yuval Shany and Prof. Amichai Cohen examine the arguments behind the arrest warrants and steps Israel can take to prevent them from being realized. 

IDI's Prof. Yuval Shany and Prof. Irwin Cotler discuss the ICC arrest warrants issued against Israel's Prime Minister and former Defense Minister. The event was hosted by the International Jewish Lawyers organization in partnership with the American Association of Jewish Lawyers and Jurists (AAJLJ). 

48% of Israelis think PM Netanyahu cannot fully function as a wartime prime minister while testifying on trial, a large majority of Israelis think Trump will prioritize Israel's security, and a clear majority (61%) think the main reason behind the ICC's decision to issue arrest warrants is the Court's longstanding anti-Israel bias.

The ICC's unprecedented arrest warrants against leaders of a democratic state carry severe and far-reaching consequences, yet Israel still has far-reaching options to mitigate the damage. 

Israel will likely not succeed in forcing the Court to annul its orders, and attempting to do so will make it even harder for its allies to support it. Instead, it can conduct an independent and effective investigation, avoiding problematic statements, and adhere to the laws of armed conflict.

On November 21, 2024, the Pre-Trial Chamber of the International Criminal Court (ICC) issued four decisions. These deal with various legal matters arising out of the Prosecutor’s May 20 request to issue arrest warrants as part of his ongoing investigation of the Situation in Palestine, in the context of the War in Gaza.

Investigating allegations of abuse at the Sde Teiman detention facility is Israel's moral and legal duty as a rule-based democracy and protects the country on the international legal and diplomatic front. 

If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

Article 18 to the ICC Statute requires the Prosecutor to notify the relevant States regarding a decision to open an investigation, providing those States the opportunity to request deferral of the investigation, because of the existence of a domestic investigation. The Prosecutor’s approach of not issuing new notifications new charges emerged weakens the ability of the Pre-Trial Chamber to monitor the implementation of the complementarity principle.

In this article, we wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant, at least as it was presented in the Prosecutor’s short announcement and by the expert report supporting it. 

IDI's Prof. Amichai Cohen, an expert in international law, explains the repercussions that ICC warrants may have on Israel. Should these warrants be issued, 120 countries would be obligated to execute them. They could severely damage Israel's international image, impacting Israeli officials as well as economic and cultural cooperation

From damage to scientific collaboration to cancellation of arms deals, arrest warrants for senior Israeli officials from the International Criminal Court in the Hague would pose a serious challenge to Israel

The US, the UK, France and other states have announced the imposition of economic sanctions on Israeli residents who are believed to be complicit in 'settler violence.' This document aims to outline the framework of international economic sanctions and contextualize the sanctions imposed on Israelis. 

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.