ICC maintains Netanyahu and Gallant arrest warrants amid US pressure

Yesterday 21:15

By: Azzat Manal

ICC maintains Netanyahu and Gallant arrest warrants amid US pressure

The International Criminal Court is maintaining the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, despite mounting pressure from the United States and the threat of further sanctions against the Hague-based tribunal.

The ICC prosecution has previously stated that there was no legal basis to withdraw or cancel the warrants against Netanyahu and Gallant. The court issued the warrants in November 2024 in connection with alleged crimes in the context of the war in Gaza. Its legal filings have maintained that the underlying findings concerning the court’s jurisdiction remain valid.

The latest developments come as Washington prepares additional measures against the ICC. According to diplomatic and government officials cited by The Associated Press, Dutch authorities have been warned that potentially severe U.S. sanctions could be imposed on the institution. The measures could affect the court’s access to financial and information-technology services and complicate its ability to pay staff and support other operations.

The Netherlands, which hosts the ICC in The Hague, is examining ways to limit the potential impact on the court. Dutch authorities are reportedly looking at alternative arrangements for payments to employees and protected witnesses, as well as measures to ensure that security and other essential services at the court’s detention facility remain operational.

The confrontation reflects a broader dispute between Washington and the ICC over the court’s jurisdiction. The United States and Israel are not parties to the Rome Statute, the treaty that established the ICC, and both governments have rejected the court’s actions involving their nationals and Israeli officials.

The Trump administration has already imposed sanctions on ICC officials. Washington argues that the court has taken actions against U.S. and Israeli personnel that it considers illegitimate, while ICC proceedings are based on the court’s interpretation of its mandate and applicable international law.

The warrants for Netanyahu and Gallant have also remained the subject of legal challenges. In its published proceedings, the ICC prosecution has argued that the warrants remain valid unless the court itself orders otherwise and that the legal and factual findings supporting them have not been overturned.

The dispute places the Netherlands in a difficult position as the host country of the international tribunal. At the same time, the ICC faces the practical challenge of continuing its judicial work while dealing with restrictions affecting some of its officials and potential threats to its access to international financial and technological services.

The standoff highlights a wider debate over the role of international criminal justice and the limits of the ICC’s authority. While supporters view the court as an instrument for investigating serious international crimes, its jurisdiction and decisions have faced opposition from several governments, particularly when proceedings involve nationals of states that are not members of the Rome Statute.

For now, the arrest warrants against Netanyahu and Gallant remain in force, while the court continues to face political, legal and financial pressure over its work related to the Gaza conflict.