US government has repeatedly stood with Israeli leaders against ICCKimberly HalkettReporting from Washington, DCWe’re reaching out to the administration of US President Joe Biden. The National Security Council will no doubt have very strong condemnation of this [ICC warrants for Netanyahu and Gallant].
Back in May, US Secretary of State Antony Blinken said the Biden administration rejected the equivalence between Hamas and Israel in this case, said the [ICC] had no jurisdiction and claimed the ICC prosecutor rushed these warrants. He also said the proper place for any case like this is the Israeli legal system.
This is similar to the arguments from the Israeli government. It is also similar to what we hear in the US Congress. Just a few days ago, the incoming Senate majority leader John Thune threatened sanctions against the ICC.
He said that if the ICC does not reverse what he called “outrageous and unlawful actions in pursuing arrest warrants against Israeli leaders”, the Senate — once there is a new Congress in January — will immediately pass sanctions.
So we’ve seen time and time again that the US — whether from the White House or Congress — is fully prepared to back the Israeli government’s position against any effort by the ICC to go after the Israeli government.
ICC also issues arrest warrant for Hamas’s Mohammed DeifIn a separate statement, the International Criminal Court also said Deif, full name Mohammed Diab Ibrahim al-Masri, is subject to international arrest.
The court said it “unanimously” decided to issue the warrant against him “for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023”.
The alleged crimes include firing rockets at Israeli territory and the October 7 attacks that killed at least 1,139 Israelis.
Israel claims to have killed Deif, the longtime leader of Hamas’s armed wing, the Qassam Brigades, in an air strike this past July. That attack on a designated safe zone had struck tents housing displaced Palestinians and a water distillation plant, killing at least 90 people and wounding 300 others.
More on the ICC’s arrest warrants for Netanyahu and GallantAs we reported earlier, the International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
“The Chamber issued warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024”, a statement from the court said.
There are “reasonable grounds” to believe that Gallant and Netanyahu “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity”, the statement continued, covering only part of the allegations against them.
The court also rejected two Israeli challenges to its jurisdiction, saying “the acceptance by Israel of the Court’s jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine”.
We will bring you more on this shortly.
Here’s how the US senate votedOf the 100 US senators, 19 have voted to support at least one of three bills blocking arms sales to Israel.
The 19 were all members of the Democrats, or progressive independents who caucus with the Democrats, like Bernie Sanders who proposed the bills.
That’s over one-third of all the Democrats in the senate taking a different position to the White House under Democratic President Joe Biden.
While some of the senators who voted for the measure have been openly critical of unconditional US support for Israel’s war on Gaza, their numbers were bolstered by at least two centrists, who had not previously been as outspoken on the issue: Senator Jeanne Shaheen and Senator Jon Ossoff.
By comparison, of the 49 Republicans in the senate, 47 voted no. The other two didn’t vote.
What you need to know about the Senate vote on arms sales to IsraelThe US Senate is currently voting on a series of bills put forth by Senator Bernie Sanders to block the sale of some $20bn in American-made weapons to Israel.
The legislators voted 79-18 to block a measure that would have halted the shipments of 120mm tank rounds, while 78 voted to block a second bill that would have stopped the sale of 120mm mortar rounds.
All of the votes in favor of the measures came from the Democratic caucus, while the votes against came from both Democrats and Republicans.
A vote on the sale of GPS guidance systems for bombs is expected shortly, but the result is expected to be similar.
The measures, known as joint resolutions of disapproval, would have had to pass both houses of Congress and withstand any presidential veto to become binding.
It’s important to note here that Congress has never succeeded in blocking any weapons sales with the joint resolutions. Still, it shows the frustration among Democrats at President Joe Biden’s handling of the war in Gaza.
Sanders called the vote after the Biden administration declined to take action against Israel even after it failed to meet specific US targets to boost humanitarian aid to starving Palestinians in besieged and bombarded Gaza.
A reminder to our readers that US law bans military assistance to countries that block Washington-backed humanitarian aid.
Arrest warrants, arms sales and travelMore from our interview with Neve Gordan, international law professor:
Al Jazeera: In practice, what is going to change after the issuing of the warrants for Netanyahu and Gallant? What is the likelihood of this having any effect on the conflict in the Gaza Strip?
Neve Gordon: I think there is a likelihood.
First, the signatories of the Rome Statute and members of the ICC are bound to arrest Gallant and Netanyahu if they travel to their country. It will limit dramatically the movement of these two people for the years to come.
But I think that by issuing the arrest warrants, the ICC has also made a certain demand on Western countries both in North America and throughout Europe.
And that has to do with the kind of trade agreements that they have with Israel – first and foremost with the trade relating to arms.
If the leaders of Israel are charged with carrying out crimes against humanity by the ICC, it means that the weapons the European countries are sending to Israel are used to carry out crimes against humanity and they have to reassess all their trade of weapons with Israel from today and, I would say, stop sending these weapons.
‘There’s definitely a case here’We’ve spoken to Neve Gordon, professor of international law at Queen Mary University of London, about the ICC arrest warrants issued for Netanyahu and Gallant.
Al Jazeera: Can you break down what the ICC is accusing the Israeli leaders of and the difference between war crimes and crimes against humanity?
Neve Gordon: The difference between war crimes and crimes against humanity is that crimes against humanity are systematic; a war crime can be just an event.
What the prosecutor has accused Netanyahu and Gallant of are two major issues: One is using food and the denial of humanitarian aid as a weapon to advance starvation and reach Israel’s military objectives, … and the other one is these systematic attacks against hospitals and providing medical care to the Palestinian population in the Gaza Strip. Both lead to extermination and willful killing of the population.
Al Jazeera: How difficult will it be to prove this case in court?
Gordon: I think there is ample evidence.
The use of food as a weapon is not new in the Israeli-Palestinian conflict.
Israel has been using food as a weapon in the Gaza Strip for close to 20 years at least. I think there’s ample evidence regarding how it has been used as a weapon, and I think also the intention of using it as a weapon is clear from statements made by Israeli leaders and from the practices of the Israeli military.
So I think it will be easy to prove that this is indeed a policy and strategy of the Israeli government and military.
Regarding the attacks on healthcare, the systematic nature of the attacks, the fact that practically all the 36 hospitals in the Gaza Strip have been targeted – many of them have been destroyed; others have been damaged – and that this is ongoing and, again, not something new in Israel’s strategies of warfare is easy to demonstrate, so I think there’s definitely a case here.
Amsterdam ready to act upon ICC arrest warrant for NetanyahuThe Netherlands is prepared to act upon the arrest warrant issued by the ICC against Netanyahu if needed, Dutch news agency ANP has reported, citing the country’s foreign minister Caspar Veldkamp.
If the Israeli leader comes to Dutch soil, he will be arrested, Veldkamp said in the House of Representatives, local outlet Nos reported.
The Netherlands will also avoid “non-essential” contact with Netanyahu, Gallant and Deif, who were also issued arrest warrants by the ICC today.
“The Netherlands implements the Rome Statute 100 percent,” the foreign minister said.
The signatories of the Rome Statute and members of the ICC are bound to arrest the three if they travel to their country.
World reacts to ICC warrants against Netanyahu, GallantJordan’s foreign minister Ayman Safadi says the International Criminal Court’s decision must be respected and implemented, adding the Palestinians deserved justice after what he termed Israel’s “war crimes” in Gaza.
The French foreign ministry spokesman says that France’s reaction to the decision will be in line with the court’s statutes.
When asked during a news conference if France would arrest Netanyahu, Christophe Lemoine said it was a legally complicated question.
“It’s a point that is legally complex so I’m not going to comment on it today,” he said.
The EU’s foreign policy chief, Josep Borrell, said that the decision to issue these warrants was “not political”, and that the court’s decision should be “respected and implemented”.
US mayor says his city would arrest NetanyahuAbdullah Hammoud, the mayor of the Detroit suburb of Dearborn, Michigan, says the city would enforce the ICC warrants against Gallant and Netanyahu.
“Dearborn will arrest Netanyahu & Gallant if they step within Dearborn city limits,” Hammoud wrote in a social media post.
“Other cities should declare the same. Our president may not take action, but city leaders can ensure Netanyahu & other war criminals are not welcome to travel freely across these United States.”
The US does not recognise the ICC’s jurisdiction on its soil, so it is not clear whether its municipalities have the authority to arrest Netanyahu.
Still, Hammoud’s threat highlights the legal perils Netanyahu and Gallant will face across the world as formally accused war criminals.
US officials can be personally liable for Israeli abuses: Rights groupDAWN, a US-based rights group, welcomes the arrest warrants against Netanyahu and Gallant and warns Biden administration officials – including Secretary of State Antony Blinken and Pentagon chief Lloyd Austin – that they could be next.
“By continuing to provide military assistance to Israeli officials, including Prime Minister Netanyahu, despite credible accusations of war crimes by the ICC, US leaders … are exposing themselves to personal liability under international law,” Raed Jarrar, DAWN’s advocacy director, said in a statement.
“Article 25(3)(c) of the Rome Statute outlines clear criminal liability for aiding and abetting war crimes, which applies to individuals in non-member states like the US when their actions enable violations under ICC jurisdiction.”
While the US does not recognise the court’s jurisdiction, Palestine does. So, according to rights advocates, US involvement in war crimes committed in Palestine makes American officials open to ICC prosecution.
A recent Brown University study found that the Biden administration spent $17.9bn on security assistance to Israel over the past year – funds that were vital to the US ally’s devastating war on Gaza.
‘Major battle for control’ near Lebanon’s TyreZeina KhodrReporting from Beirut, LebanonOver the last hour, the Israeli military issued new evacuation orders for three areas east of the coastal city of Tyre, before air attacks.
Yesterday, the Israeli air force carried out a series of attacks across the Tyre governorate, killing at least nine people and injuring 17.
The focus on this area in southern Lebanon coincides with a push by Israeli ground forces nearby, trying to make their way to a very strategic hill known as al-Bayyaada. The air attacks are about disrupting supply lines so that Hezbollah cannot reinforce its troops in that area.
What Israel is trying to do is take control of the coastal road that goes from the border to al-Bayyaada. From al-Bayyaada, it aims to take control of the surrounding areas.
At that point, they would have the southern city of Tyre in sight. Israeli forces are already using artillery in this area, which means their artillery batteries are inside Lebanon. So, we are really seeing a major battle for control in this corner of southern Lebanon.
More on Israeli civilian killed during unauthorised visit in LebanonWe have reported earlier that an Israeli archaeologist was killed after he entered southern Lebanon with Israeli troops.
The 71-year-old, named as Ze’ev Erlich, was reportedly killed yesterday in an exchange of fire with Hezbollah after entering an archaeological site in southwest Lebanon without the required approvals. He was accompanied by a senior army officer.
According to Israeli media, disciplinary action is expected against leaders of the Golani Brigade who allowed the visit to the ancient fortress.
Some Israeli ministers have recently begun pushing the biblical idea of a “greater Israel” stretching from the Nile to the Euphrates and encompassing parts of Lebanon, Egypt and Jordan.
Australian government denies visa to former Israeli Justice Minister Ayelet ShakedIsraeli media is reporting that the Australian government has refused to grant a visa to former Israeli Justice Minister Ayelet Shaked.
Shaked, who also served as interior minister, had been invited to participate in a conference organised by the Australia/Israel & Jewish Affairs Council, which facilitates strategic dialogue between Israel and Australia.
Shaked criticised the move, calling the Australian government “extreme” and “part of it even anti-Semitic”.
Canberra “did not allow me for political reasons since I oppose the establishment of a Palestinian state to attend a strategic dialogue between Israel and Australia,” Shaked said. “This government has chosen the wrong side of history.”
Long-serving Republican US senator calls for sanctions against ICCLindsey Graham, a Trump ally, says it is time for the US government to penalise the ICC for its warrants against Netanyahu and Gallant.
The US House of Representatives passed a bill in June to impose sanctions on court officials, but the measure has not been considered by the Democratic-controlled Senate.
Senate Majority Leader Chuck “Schumer needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it. Now,” Graham wrote in a social media post.
In 2021, the Democratic Biden administration removed sanctions on ICC officials that had been imposed by Trump, who will be sworn in for a second term on January 20. His Republican Party will also control both houses of Congress beginning in the new year after elections this month gave the party a majority in the Senate.
The US is not party to the Rome Statute, which established the ICC and is not bound to enforce the arrest warrants.
But sanctioning the ICC would raise further questions about Washington’s professed commitment to the “rules-based order”.
US rejects ICC arrest warrants for Israeli officials: White HouseThe US has rejected the decision by the ICC to issue arrest warrants for Netanyahu and Gallant, a White House National Security Council spokesperson says.
“The United States fundamentally rejects the court’s decision to issue arrest warrants for senior Israeli officials,” the spokesperson said.
“We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision.”
Netanyahu ‘now officially a wanted man’ after ICC warrant: Amnesty chiefNetanyahu is “now officially a wanted man” after the ICC’s decision to issue arrest warrants for the Israeli leader and his former defence minister, Amnesty International said.
“Prime Minister Netanyahu is now officially a wanted man,” said Amnesty Secretary General Agnes Callamard.
“ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges.”
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