"The International Criminal Court (ICC) steps in only when national courts fail to handle cases properly," the ICC began its announcement on Saturday, explaining why arrest warrants against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant had been issued.
“The primary responsibility is for the national judicial systems,” emphasized ICC spokesperson Fadi El Abdallah, adding, “However, if there are no genuine investigations or prosecutions, then the court has to investigate and prosecute where the legal conditions are met.”
He added that having a legal system is not enough, as it must actively address the alleged crimes, stressing, “There is a need to demonstrate that this legal system is active in relation to crimes or alleged crimes.”
The warrants, according to Abdullah, were issued against Netanyahu and Gallant - as well as Hamas commander Mohammed Deif, even though he was eliminated earlier this year in July - since “the judges have decided, based on the evidence and on the rule of law as they have interpreted them, and we need to respect that.”
He further emphasized the importance of ensuring the people “believe that the law is there for them, and to believe that justice will be done.” He then suggested that without these beliefs, the ICC is unable to provide an alternative to “continuing in the cycle of violence and revenge.”
Alleged war crimes in Israel-Hamas War
Recent ICC warrants for alleged war crimes during the Israel-Hamas War, which began when Hamas invaded Israel on October 7, 2023, killing some 1,200 people and kidnapping another 251, suggest that the judges believe there is evidence linking the suspects to crimes under ICC jurisdiction, according to the announcement.
Defendants or countries can challenge the ICC’s involvement. However, this requires proof that “genuine serious prosecutions” are already taking place at the national level, Abdullah explained.
The ICC does not hold trials without the defendants present, as was stressed in the announcement, which added that all suspects are considered innocent until proven guilty and are entitled to fair, public trials.
If the case moves forward, the prosecution and defense present their arguments and witnesses, with the victims’ legal representatives permitted to also share their views. After reviewing the evidence, the court decides if the defendants are guilty and, if so, what their sentence will be.