Theodor Meron is a 94-year-old Jewish American jurist and Holocaust survivor. He advised the Israeli Foreign Ministry in the seventies, and later was part of the International Criminal Court and the tribunals that were established to try crimes committed in Yugoslavia or Rwanda. He was also one of the 6 judges who advised the attorney general of the International Criminal Court (ICC), Karim Khan, to request an arrest warrant against Israeli Prime Minister Benjamin Netanyahu in May for crimes against humanity.
This week, the Court finally decided to issue that international arrest warrant against Netanyahu. It is a historical milestone that marks a before and after, because it becomes a kind of fugitive from justice to the elected leader of a US ally. It reinforces the credibility of the independence of the high institution and the international order, since it has come forward against powerful enemies and amid a barrage of pressure on the men and women who work at the Hague court from politicians and of intelligence services such as Mossad.
The high court’s movement also anticipates a diplomatic clash with the next Donald Trump Administration. and problems for engage politically with Netanyahu for allied countries like Germany. The Israeli leader is now a wanted man; He is not the most appropriate person to shake hands with or take photos with on state visits.
Clash with the United States
“They can prepare for a tough response next January against the anti-Semitic biases of the International Criminal Court and the United Nations,” he said about the arrest warrant Michael Waltzthe next national security advisor of the United States, the most important position in the country’s foreign policy. “The ICC has no credibility and its allegations have already been refuted by the United States Government.” Republican Senator Lindsey Graham has asked his Government to impose sanctions on the International Criminal Court.
The pulse comes from afar. In August, twelve Republican senators, including Republican Minority Leader Mitch McConnell, sent a letter to Karim Khanin which they threatened him with “harsh sanctions” and “attacking” the court if the request for an arrest warrant against Netanyahu continued. “Such actions are illegitimate and have no legal basis and, if carried out, will lead to harsh sanctions against you and your institution,” they wrote.
The United States signed the Rome Statute that formed the international court in 1998. The Democrat did so Bill Clinton one day before leaving office as president. His successor, George W. Bushconcerned about the possible persecution of its soldiers for possible war crimes in Iraq and Afghanistanwithdrew the country from the treaty and enacted a law intended to protect American citizens from ICC decisions.
The Biden Administration has already criticized the arrest warrant from The Hague and “the speed of the attorney general and the worrying problems in the process that led to this decision,” in the words of the White House press secretary, Karine Jean. -Pierre. It has also confirmed that they are preparing actions in coordination with Israel.
Pulse between Europe and the United States
The problem is that this belligerent position of the United States against the ICC clashes head-on with Europe or Canada, fundamental pillars of the high court. His independent application of international humanitarian law Nor is it liked by dictatorships like China or Russia or countries like India. But it connects with European values of universal justice. Now, the search and arrest warrant puts Europe in the mirror. Will the ICC decision apply?
Everything seems to indicate that this will be the case. The Foreign Minister of Netherlands He has said that he will comply with the order and has suspended his trip to Israel due to the “new circumstances.” The EU and almost all member countries have rushed to issue statements or make statements underlining their respect for the Court’s decisions. Including Germany, Israel’s main supporter in Europe and its second largest arms supplier after the United States.
“We have taken note of the arrest warrant against Prime Minister Netanyahu. The general principle is the independence of justice, whether national, European or international,” they say. German diplomatic sources to this newspaper. “In the past we have already clearly stated that Germany respects law and legality. “We are carefully studying what the arrest warrant issued by the International Criminal Court means for its implementation in Germany.”
The moral dilemma has been expressed clearly by the Prime Minister of Canada, Justin Trudeau. After learning of the decision, he confirmed that he will abide by it and that he will not prevent an eventual arrest of Netanyahu in his territory, because his country is one of the founding members of the ICC and respects order and international law, he added. “It’s just who we are as Canadians,” Trudeau added. The speech is relevant because Canada was very harsh in its defense of Israel after the attacks, going so far as to freeze aid to the Palestinian refugee agency. But he has reversed course as the killings in Gaza piled up, and Parliament has finally banned the shipment of weapons to Israel.
Endorsement of rules-based order
The arrest order obliges the 124 countries adhering to the court not only to stop Netanyahu and his Minister of Defense, Yoav Gallant, if they step on their territory. They are also obliged to help achieve it. And it pushes them to reconsider their political position towards the Israeli premier, now wanted and captured. Because against him there is a “reasonable basis” to think that he is a war criminal who must be taken to the bench. Legal or diplomatic tricks may be pursued, or even the obligations of the Rome Statute may be ignored. Others did it before, such as South Africa with the Sudanese al Bashir or Mongolia more recently with Vladimir Putin. But if Germany, France or Italy choose that route, that would essentially mean the end of the ICC’s credibility. The idea of a court “for Africa and for thugs like Putin” would be reinforced, as a senior international official literally told Attorney General Khan.
In this sense, the arrest warrant is a boost for the rules-based international order. Countries from the global south, from Latin America, Africa and Asia, or Arab and Islamic countries, can cling to the Hague courts. Ultimately, what is being resolved is one of the great questions of current international politics: are there equal rules for everyone, from Putin to Netanyahu, Or are they different depending on whether you are an ally of the United States or not?
