France, Belgium, and Slovenia back ICC’s move for arrest warrants against Israeli and Hamas leaders

In a recent international judicial action that has stoked tensions, France, Belgium, and Slovenia have publicly supported the International Criminal Court (ICC) and its chief prosecutor, Karim Khan, in their efforts to secure arrest warrants against leaders from Israel and Hamas for alleged war crimes and crimes against humanity. This move comes in the wake of severe criticism from Israel and the United States.

Karim Khan has accused Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders—Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh—of grave offenses in the ongoing conflict in Gaza and Israel.

Although Netanyahu and Gallant are not currently facing arrest, this action represents a symbolic and substantial blow to Israel’s international standing amidst the Gaza war crisis.

Adding to the tensions, Israeli forces conducted a raid in Jenin, a militant stronghold in the occupied West Bank, resulting in at least seven deaths and several injuries, as reported by the Palestinian Health Ministry. This raid is part of an escalation in violence in the Palestinian territories that has persisted for months.

On Monday, Khan announced the formal applications for arrest warrants against key figures such as Netanyahu and Sinwar, citing their involvement in the 7 October attacks on Israel and subsequent actions in Gaza. This followed a unanimous endorsement by a panel of international law experts, convened by Khan, affirming the ICC’s jurisdiction and the substantial grounds for the proposed arrest warrants.

The statements from France, Belgium, and Slovenia — all members of the European Union — underscore a firm commitment to the ICC’s independence and the broader international principle of accountability.

In a statement on Tuesday, France stated that it supports the International Criminal Court, its independence and the fight against impunity in every situation.

“For many months now, France has been warning about the imperative of strict compliance with international humanitarian law and particularly the unacceptable nature of the civilian losses in the Gaza Strip, and insufficient humanitarian access.”

Belgian Foreign Minister Hadja Lahbib emphasized on X earlier on Monday, a social media platform, the necessity of prosecuting crimes in Gaza at the highest level, “regardless of the perpetrators.”

Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators.

Statement 🇧🇪⬇️ https://t.co/xdU5We7gx0 pic.twitter.com/I3SBRSbOkW

— Hadja Lahbib (@hadjalahbib) May 20, 2024

Similarly, Slovenia’s Foreign Ministry declared the importance of accountability to prevent atrocities and ensure peace, welcoming the ICC’s investigative advancements in Palestine.

War crimes & crimes against humanity committed on the territory of #Israel & #Palestine from at least 7 October 2023 must be prosecuted independently and impartially regardless of the perpetrators. Accountability is crucial to prevent atrocities and to guarantee peace. #Slovenia… https://t.co/4v5UIUZh0D pic.twitter.com/k98nz4kHci

— MFEA Slovenia (@MZEZ_RS) May 20, 2024

This stance by three EU countries reveals a divide in Western perspectives on Israel, particularly at a time when Israel faces increasing isolation and criticism from even its closest allies.

Meanwhile, U.S. President Joe Biden staunchly defended Israel, rejecting the ICC’s warrants and denying any equivalence between Israel and Hamas, highlighting Israel’s commitment to protecting civilians.

The ICC judges are set to review Khan’s application for the arrest warrants amid a backdrop of over 35,500 Palestinian and 1,139 Israeli casualties since the conflict escalated on 7 October.

Despite the non-membership of Israel and the U.S. in the ICC, the court asserts jurisdiction over Gaza, East Jerusalem, and the West Bank based on Palestinian adherence to the court’s founding treaty in 2015.