Netanyahu calls ICC’s arrest warrants ‘a modern-day Dreyfus affair’

The decision by the International Criminal Court (ICC) in The Hague to issue arrest warrants against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant was not entirely unexpected: ICC Prosecutor Karim Khan had requested the warrants in May. But the decision to go ahead and issue the warrants on November 21 was a bombshell, marking the first time such a move has been taken against the leader of a democratic state.

The court also issued a warrant for Hamas military commander Mohammmed Deif, even though the IDF announced he was killed in an airstrike in Gaza on July 13.The judges said there were “reasonable grounds” that the three men bore “criminal responsibility” for alleged war crimes and crimes against humanity during the war between Israel and Hamas.

The ICC cited reasonable grounds to believe that Netanyahu and Gallant committed the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts.Netanyahu and Gallant can now not travel to any of the 124 ICC member states, including most of Europe, most of Africa, and most of South America. To do so would put them in immediate danger of arrest and extradition to The Hague. A few individual states may defy the ruling and opt to ignore the arrest warrants.The warrants were distributed to all 193 member states of the United Nations. In cases of war crimes, countries invariably respect such orders.

Israel’s international isolation has never been more pronounced. Netanyahu and Gallant are now tarnished with the same brush as Vladimir Putin, Muammar Gaddafi, Slobodan Milosevic, and several unsavory African dictators. Netanyahu has become a global persona non grata, and leaders of ICC member states will do everything to avoid contact with him.

There are a few exceptions. Critically, the United States, like Israel, is not a member of the ICC, and is one of those exceptions. However, even a trip to the US could be problematic if ICC member states refuse to allow the prime minister’s plane to traverse their airspace or if an emergency landing en route is required for whatever reason.The United Nations is also effectively out of bounds for Netanyahu. There is no rule preventing a leader against whom an arrest warrant has been issued from speaking, but accepted practice is that such individuals are not invited to the world body.

And this may be only the beginning. The ICC has the option of issuing secret warrants against people they believe have taken part in so-called war crimes. This means the net could widen and potentially include IDF officers and soldiers who took part in the Gaza war.

Responses to the decision

There was widespread condemnation across the Israeli political spectrum after the arrest warrants were issued, including from the prime minister’s bitterest opponents. Many described the move as antisemitic and a victory for Israel’s terrorist enemies.

Netanyahu himself described the ICC decision as a “black day in the history of nations,” saying that the court had become “the enemy of humanity.”

“The State of Israel is being accused of genocide at a time that we are taking action to defend ourselves from an enemy that is trying to commit genocide against us. We are accused of deliberately attacking civilians at a time that we are doing everything to prevent harm to civilians. And this is against an enemy that hides behind civilians and uses them as a human shield. So what genocide are they talking about there in The Hague?” he said.

The prime minister stressed that no outrageous anti-Israel decision would prevent his government from continuing to defend the country by any means. “We will not capitulate to pressure; together we will stand, together we will fight, and with God’s help, together we will win,” he said.

Netanyahu remarked that “the antisemitic decision of the ICC is akin to a modern-day Dreyfus affair – and it will end in the same way.”

He added: “Israel utterly rejects the absurd and false actions and accusations against it by the ICC, which is a biased and discriminatory political body. There is no war more justified than the one Israel is conducting in Gaza since October 7, 2023, after the terrorist organization Hamas launched a deadly attack against it, committing the largest massacre against the Jewish people since the Holocaust. The decision was made by a corrupt chief prosecutor attempting to save himself from serious allegations of sexual harassment, and by biased judges driven by antisemitic hatred toward Israel.”

Yoav Gallant, who was dismissed as defense minister by Netanyahu earlier in November, said the ICC will be remembered in infamy. He accused the world court of equating Israel and Hamas “and thus legitimizing the murder of babies, the rape of women, and the abduction of the elderly from their beds.” He added that the court’s decision “sets a dangerous precedent against the right to self-defense and moral warfare, while encouraging murderous terrorism.”President Isaac Herzog described the decision as a “dark day for justice,” saying that the warrant “ignores the fact that Israel is a vibrant democracy” and that it is “acting under international humanitarian law, and going to great lengths to provide for the humanitarian needs of the civilian population.”

Far-Right National Security Minister Itamar Ben-Gvir, head of the Otzma Yehudit (Jewish Strength) party, called on Israel to annex “all areas of Judea and Samaria” in response to the ICC decision, adding that the warrants are “an unprecedented disgrace, but not at all surprising.”

Opposition leader Yair Lapid also condemned the decision, saying that “Israel is defending its life against terror groups that attacked, murdered, and raped our citizens. The arrest warrants are a prize for terrorism.”Transportation Minister Miri Regev described the decision as “antisemitism disguised as justice,” adding that the warrants “are a legal absurdity.”

Despite the widespread consensus in Israel against the ICC move, some opponents of Netanyahu indicated that he was partly to blame by ignoring the advice given to him by Attorney-General Gali Baharav-Miara to form a state commission of inquiry headed by a judge as an effective tool against the ICC. She explained to him that such a move would help himself, the country, and IDF soldiers and potentially thwart action by the international court.There was also condemnation from Jewish groups worldwide, with the World Jewish Congress (WJC) expressing “profound concern.”

“We firmly believe that this action is fueled by political bias brought about by the influence of terrorist regimes, including Iran,” the organization said in a statement. The WJC urged the international community to reject “this unjust move” and not to comply with the arrest warrants.

The Jewish Federations of North America denounced the ICC arrest warrants as “historically unjust,” describing the decision as “a win for terrorists everywhere.”

Hamas welcomed the ICC move, ignoring the arrest warrant issued for Mohammed Deif, and called on the ICC “to expand the scope of accountability to all criminal occupation leaders.”

Senior Hamas official Izzat al-Rishq said that even if the two Israeli leaders were not arrested, “the truth that has been revealed is that international justice is with us and against the Zionist entity.”

Officials from the European Union, EU states, and Britain all made statements indicating they would respect the arrest warrants.

EU foreign policy chief Josep Borrell said, “The decision of the court has to be respected and implemented,” while the Dutch foreign minister said, “We will act on the arrest warrants.”

But Israel’s closest allies in the EU came to Israel’s defense.

Hungarian Prime Minister Viktor Orban responded by inviting Netanyahu to visit. Orban, whose country holds the European Union’s rotating six-month presidency, described the ICC’s arrest warrant as “wrong” and said the Israeli leader would be able to visit Hungary “in adequate safety.”

The Czech prime minister said the court had made “an unfortunate decision” in equating “the elected representatives of a democratic state with the leaders of an Islamist terrorist organization.”

Outgoing US President Joe Biden also condemned the arrest warrants. “The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security,” he said.

A backlash against the ICC is expected from Washington after Donald Trump is sworn in as president on January 20, and the Trump transition team was reportedly looking into introducing personal sanctions against ICC Chief Prosecutor Karim Khan and the judges who issued the warrants.

Sen. John Thune (R-South Dakota), the newly elected Senate majority leader, said he would advance legislation to impose sanctions against the ICC if the warrants were not rescinded. Florida congressman and incoming National Security Advisor Mike Waltz promised: “Israel has lawfully defended its people and borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC and the UN come January.” ■