Netanyahu arrest warrant checks Westens' commitment to international law

Netanyahu arrest warrant checks Westens' commitment to international law

The reach and credibility of international law is currently as low as it has not been in years. Many governments ignore arrest warrants in some of the highly profiled cases brought before the International Criminal Court (ICC).

background to the arrest warrants

In the past 18 months, the court based in the Hague has Start-up commands against the Russian President Vladimir Putin and against the Israeli Prime Minister Netanyahu, his former Defense Minister Yoav Gallant and a high Hamas representative.

netanyahu and the war crimes

Netanyahu is the first western ally guide to be accused of the ISCHH war crimes and crimes against humanity. Israel has appealed and asked the court for the suspension of the arrest warrants. In the meantime, several powerful nations have decided not to enforce the arrest warrants while others have openly rejected them.

reactions of the international community

The French reaction was perhaps the most harmful for the Court of Justice. Paris vehemently supported the arrest warrant against Putin and, after the issuing of the arrest warrant against Netanyahu, confirmed his "long -term commitment to international justice". However, only a few days later the French Foreign Ministry changed his attitude and announced that the Prime Minister of Israel may be immune to a arrest, since Israel was not a member of the Court of Justice.

critics argue that these reactions indicate that there are two different regulations: one for the traditional allies of the West and another for its enemies.

obligation to arrest

The founding contract of the ICC is obliged to arrest the 124 signing states, Netanyahu and Gallant, says James Joseph, editor -in -chief of lawyer News. "It is becoming increasingly uncertain whether states will meet this obligation," he told CNN. “States cannot claim success in international criminal law if they are not willing to maintain the rights of everyone involved.”

international pressure on the states

The Netanyahu case was only the latest blow against the authority of the court. In September Putin traveled to Mongolia without having to fear consequences. Despite the signing of the Rome statute-the contract that started the Court of Justice in 2002-Mongolia received the Russian president with a red carpet.

disagreement within the EU

The arrest warrants against Netanyahu and Gallant ensured mixed reactions from western countries, which illustrates the disagreement on dealing with top -class charges against allies.

The EU's out then Josep Borrell, said that the arrest warrants were "binding" and should be implemented. Ireland, Canada and the Netherlands agreed. Germany, on the other hand, held back and emphasized that "a unique relationship and a great responsibility towards Israel". Further steps are only possible if a visit from Netanyahu in Germany is foreseeable.

changing positions and international laws

criticism of the USA and its role

The United States, which have never joined the Court and have made agreements with around 100 countries to prevent the arrest of Americans who are charged by the court, condemned the arrest warrants against the Israeli guides.

The criticism of the bid administration of the arrest warrants for Israel was just as emphatic as their support for the arrest warrant against Putin. According to the issuing of the arrest warrant, President Joe Biden said that this was "a very strong sign ... He clearly committed war crimes."

France's sudden change of course

In the updated position of France, the Foreign Ministry said in a message: "France intends to continue working closely with Prime Minister Netanyahu and the other Israeli authorities in order to achieve peace and security for everyone in the Middle East." The sudden change of course came after the Israelis had made it clear that they had a French role in implementing a Waffe arrest in libanon would not accept support for the ITHH arrest warrant. Human rights groups criticized France's change of opinion violently.

conclusion: Political opportunities vs. international obligations

The evidence of the past few months shows that political opportunities sometimes trump out international obligations. In Mongolia, which Putin welcomed, the neighborhood played a crucial role in Russia and China. The dealings of the United States with the Israel case, on the other hand, were significantly different, since the National Security Council was “haste of the public prosecutor's office to apply for arrest warrants, and the worrying procedural errors that led to this decision”.

The contradictory reactions to the arrest warrants of the ICC this year raise questions about progress in the persecution of war crimes and crimes against humanity for decades. The path was often bumpy, which is particularly evident using the example of South Africa, which ignored an arrest warrant against the then Sudanese leader Omar al-Bashir when he was visiting in 2015.

Despite the challenges, it should be noted that the world is smaller for everyone who is under an arrest warrant of the ICC and the uncertainty of travel is greater. But this year also showed that there is still a red carpet when you have the right friendships.