Can Netanyahu Avoid Arrest?

Regardless of whether Joe Biden, or Donald Trump held the Oval Office, Netanyahu thought he would be safe. But, now he is at risk of serving time in prison either in The Hague, or in Israel. He needs a hiding place, and Washington, DC might be his best bet.

On November 21, 2024, the International Criminal Court (ICC) unanimously issued two decisions rejecting challenges by the State of Israel. The court also issued warrants of arrest for Netanyahu and Israeli Defense Minister Yoav Gallant.

Outgoing US President Joe Biden has ridiculed the ICC warrants as “outrageous”. Biden’s opinion is considered meaningless, as he will soon be replaced by President-elect, Donald Trump.

Rep. Mike Waltz (R-Fla.), picked by Trump to serve in his new administration, is a supporter of Israel’s war on Gaza, and he wrote on social media that the ICC “has no credibility,” despite the court is recognized by 124 countries, including Germany, the United Kingdom, and other major US allies.

Waltz wrote that the Trump administration would take action against the ICC and United Nations for anti-Semitism, which is a catch-all accusation to use on anyone, or any group, holding Israel to account for genocide or war crimes.

However, Waltz is not part of the Trump team yet, and his opinions may not be in line with Trump’s policies. Trump has pledged to end wars in the Middle East and elsewhere. He has a good relationship with Saudi Crown Prince Mohammed bin Salman, but Trump’s personal relationship with Netanyahu is strained. In the 2020 election, Netanyahu supported Biden, and asked the thousands of US citizens living in Israel as dual citizens to vote for Biden. Trump has never forgotten that betrayal.

On November 21, both Haaretz and Times of Israel, ran articles questioning the Trump-Netanyahu relationship. One article suggested Netanyahu might not be saved by Trump, and the other questioned if the Trump policy on Israel is in-line with Netanyahu’s game plan.

Netanyahu can’t stop bombing Gaza. He cannot make a ceasefire in Gaza, or Lebanon. His freedom depends on remaining in office as Prime Minister, or else he will face prison time in Israel on past corruption charges. Only his position in office is keeping him free.

Netanyahu’s coalition partners, Bezalel Smotrich and Itamar Ben Gvir, have pledged to break the coalition should Netanyahu sign any ceasefire, or peace overture. They are committed to the eradication of Palestinians in Gaza and the Occupied West Bank. They believe Palestinians are sub-human and must be exterminated. Their plan is to annex both Gaza and the Occupied West Bank, and thus prevent the two-state solution.

The international community, as evidenced by multiple UN resolutions, and recent General Assembly moves, believes strongly and overwhelmingly in a two-state solution which gives the Palestinian people self-determination, and ends the brutal 70-year Israeli occupation of Palestine.

International law is a part of the world order. There are norms of acceptable behavior and there is deviant behavior. Israel has been deviant for decades and getting worse under the continuing US cover-up.

In the US, a person not paying their taxes will face years in prison and heavy fines, but a person in Israel directing a genocide against 40,000 persons is defended and protected by the American legal and political system. The US is complicit in the genocide by supplying the weapons and cash to continue to kill Palestinians, mainly women and children.

Regardless of which President is in the Oval Office, or which political party is ruling in Washington, every US President has defended Israel’s breaking of international law.

We hear speeches by US Secretary of State Antony Blinken stressing the importance of “international order enshrined in the UN charter and its core principles of sovereignty, territorial integrity, and independence for nations, and universal indivisible human rights for individuals.”

Blinken failed to mention his world vision is global, except for Palestine which must be deprived of any human rights forever.

The warrants of arrest were for crimes against humanity and war crimes committed from at least October 8, 2023 until at least May 20, 2024, the day the Prosecution filed the applications for warrants of arrest.

The arrest warrants are secret to protect witnesses and the investigations; however, the court released some details because the illegal activities contained in the arrest warrants are continuing. The court added that the victims and their families in Gaza should be aware of the arrest warrants.

The crimes of Netanyahu and Gallant are for committing the acts jointly with others: the war crime of starvation as a method of warfare, the crimes against humanity of murder, persecution, and other inhumane acts, and the war crime of intentionally directing an attack against the civilian population.

The court also found that the crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.

The court holds Netanyahu and Gallant responsible for preventing humanitarian aid to be delivered to Gaza, including food, water, and medicine and medical supplies, as well as fuel and electricity. These items are necessary for human survival.

The court found reasonable grounds that Netanyahu and Gallant are responsible for the war crime of starvation as a method of warfare.

On November 17, 2023, Karim A.A. Khan, Prosecutor of the ICC, received a referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on January 18, 2024, the Republic of Chile and the United Mexican State submitted a referral to the Prosecutor.

Interestingly, none of the countries referring complaints to the ICC concerning Israeli crimes in Gaza are among the 22 Arab countries in the Arab League.

The legendary Lebanese singer, Julia Boutros, sang a song of resistance, “Where are the Millions?”.

The song’s lyrics in English are: Where are the millions? Where are the Arab people? Where is the Arab outcry? Where is the Arab blood? Where is the Arab honor?

While the 22 Arab nations may seem impotent in stopping the Israeli war on Gaza and Lebanon, the recent Arab Summit in Riyadh issued a statement condemning Israel’s war crimes and demanding a ceasefire.

The ICC warrant marks the first time a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity by an international court of justice.

Netanyahu and Gallant could be arrested when they travel to any of the 125 countries that are members.

The US and Israel are not members of the ICC, but the 27 member states of the European Union are.

The EU’s foreign policy chief, Josep Borrell , said that the court’s decision should be “respected and implemented.”

Italy, Ireland, Sweden, the Netherlands and France have said that they would respect the court’s decision and arrest Netanyahu if he travelled to one of their countries.

According to Irish Prime Minister Simon Harris, the warrants are “an extremely significant step,” and added that Ireland would respect the ICC’s decision.

The Foreign Ministry of Austria admitted they would be forced to arrest Netanyahu or Gallant should they travel to Austria. Netanyahu might decide an Israeli jail cell is better than one in The Hague.

Steven Sahiounie is a two-time award-winning journalist