The Office of the Prosecutor of the International Criminal Court (ICC) has requested the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as three leaders of the Islamic Resistance Movement "Hamas," on charges of committing war crimes and crimes against humanity. Here’s an overview of what will happen next and the potential impact of Prosecutor Karim Khan’s move on diplomatic relations and other legal issues concerning Gaza.
#### What Will Happen Next at the International Criminal Court?
Prosecutor Karim Khan's request will go to the Pre-Trial Chamber I of the ICC. This chamber will consist of three judges: the Presiding Judge, Romanian Judge Iulia Motoc; Mexican Judge Maria del Socorro Flores Liera; and Beninese Judge Ren Alapini Gansu. There is no set deadline for the judges to reach a decision on the arrest warrants. In previous cases, it has taken judges between a month and several months to decide.
If the judges agree there are "reasonable grounds" to believe that war crimes or crimes against humanity have been committed, they will issue an arrest warrant. The warrant must specify the individual and the particular crimes for which the arrest is sought, as well as a statement of the facts alleged to constitute those crimes. The judges can modify the requests for arrest warrants and approve only parts of what the prosecutor requests. Charges can also be amended and updated later. Israeli and Hamas leaders have denied the allegations of war crimes and criticized Khan's decision.
#### Will Netanyahu and Hamas Leaders Be Arrested?
The Rome Statute of the ICC requires all 124 states that are parties to the ICC to arrest and surrender any individual against whom an arrest warrant from the ICC has been issued if they enter their territory. However, the court has no means to enforce the arrest. The penalty for failing to arrest someone is referral to the Assembly of States Parties of the ICC, and ultimately referral to the UN Security Council.
#### Can an ICC Order or Investigation Be Temporarily Suspended?
The court's rules allow the UN Security Council to adopt a resolution that halts or postpones the investigation or trial for a year, with the possibility of renewal indefinitely. In past instances where a state ignored its obligation to arrest an individual facing an ICC arrest warrant, the worst consequence faced by that state has been censure.
#### Can Netanyahu and Yahya Sinwar Still Travel?
Yes, they can. The request for an arrest warrant or the issuance of such a warrant does not restrict an individual's freedom of travel. However, once an arrest warrant is issued, the targeted individuals are at risk of arrest if they travel to a state that is a party to the ICC, which could affect decision-making processes. There are no restrictions on political leaders, lawmakers, or diplomats in terms of meeting individuals against whom ICC arrest warrants have been issued, but politically, such meetings may be considered disreputable.
#### Does the Request for Arrest Warrants Affect Other Cases?
This request does not have a direct impact, but it may have indirect effects. The ICC request is a separate matter from cases being presented in courts seeking to impose an arms embargo on Israel or South Africa's attempts at the International Court of Justice to stop the Israeli attack on Rafah. If the judges determine there are reasonable grounds to believe that Netanyahu and Defense Minister Yoav Gallant are committing war crimes and crimes against humanity in Gaza, it could lead to increased legal challenges for imposing arms embargoes elsewhere, as many countries have provisions against selling arms to states that may use them in ways that violate international humanitarian law.
