Will Netanyahu Be Arrested by ICC? What We Know

Israel is trying to stop the International Criminal Court (ICC) from issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his defense minister, Yoav Gallant, and senior military officials, it has been reported.

The ICC—which can charge individuals with war crimes, crimes against humanity and genocide—is investigating the attacks by Hamas on October 7 and Israel's military assault on Hamas-ruled Gaza that followed it.

Israeli media have reported that the court based in the Hague was pursuing the arrest warrants as pressure builds on Netanyahu to halt the offensive launched in the wake of the terror attacks in which Hamas killed at least 1,200 people and took 253 hostages. Health officials in the Gaza Strip have said that more than 34,000 people have been killed in the Israeli bombardment.

The New York Times reported that five Israeli and foreign officials believe that the ICC is preparing warrants which include for leaders from Hamas. Meanwhile, an unnamed official from Israel told NBC that the country was pursuing diplomatic channels to prevent the warrants being issued.

However, one expert told Newsweek that warrants would not be issued unless the case was "bulletproof."

When asked for comment, the ICC told Newsweek it has "an ongoing independent investigation in relation to the situation in the State of Palestine" but added it "does not give a running commentary in relation to ongoing investigations nor does the Office respond to speculation in media reports."

"Accordingly, we have no further comment to make at this stage," the statement added, referring to prosecutor Karim Khan's previous comments in February that it was "actively investigating any crimes allegedly committed" and that "those who are in breach of the law will be held accountable."

Neither Israel nor the United States recognize the court's jurisdiction and any warrants would not mean that Netanyahu would be jailed.

However, such a move would put Israeli officials at risk of arrest in more than 120 other countries that are signatories, including much of Europe. It would also deliver a resounding rebuke of Israel's actions in Gaza which have been condemned throughout the world and led to widespread protests across U.S. university campuses.

Newsweek has also contacted the Israeli prime minister's office and the White House for comment.

Israeli Foreign Minister Israel Katz said on Sunday he expected the ICC to refrain from issuing arrest warrants against senior Israeli political and security officials and that "we will not bow our heads or be deterred."

Meanwhile, in a statement on Friday, Netanyahu said on Friday that while he was leader, Israel "will never accept any attempt by the ICC to undermine its inherent right of self-defense".

He said that the ICC "will not affect Israel's actions" and "would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression."

In 2021, the ICC launched an investigation into possible war crimes committed by both Israel and Palestinian militants going back to the Israel-Hamas war in 2014.

Rumors of imminent arrest warrants are separate from a genocide case launched against Israel at the International Court of Justice (ICJ) also based in The Hague. The ICJ deals with disputes between states, while the ICC is a court focusing on criminal responsibility for war crimes.

Arnesa Buljušmić-Kustura, a genocide researcher and educator currently working on an ICC case told Newsweek she did not believe the rumors that the ICC and the ICJ were on the verge of an indictment of Netanyahu and others on charges of genocide and crimes against humanity.

"I do not think that the ICC will indict Netanyahu and his ilk unless they have a bulletproof case," she said. "From my own sources, I can truly say that the investigators and most of the ICC is taking the case incredibly seriously and many do understand the diplomatic precariousness involved here.

"Whatever decision the ICC makes, it is likely to influence the ICJ decisions too," Buljušmić-Kustura said.

"If the ICC indicted Netanyahu on genocide, it would be very likely that the ICJ would come out to state that Israel guilty of genocide at their level."