The South African Government has welcomed the decision by the International Criminal Court (ICC) to issue arrest warrants for Israel’s Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, as well as Hamas’s military chief Mohammed Deif, calling it “a significant step towards justice for crimes against humanity and war crimes in Palestine.”

Yesterday, The ICC issued arrest warrants for the three men, charging them with crimes against humanity and war crimes. The warrants stem from Israel’s war on Hamas in Gaza, triggered by the militant group’s attack on October 7, 2023. ICC Prosecutor Karim Khan first applied for the warrants six months ago. In August, Khan called on the court to make a decision, saying, “Any unjustified delay in these proceedings detrimentally affects the rights of victims.”

In response to yesterday’s warrants, Netanyahu issued a statement yesterday blasting the ICC, calling the decision “antisemitic” and “a modern-day Dreyfus trial” – an infamous political scandal in France where a Jewish soldier, Alfred Dreyfus, was falsely accused of treason and later exonerated.

Linking himself to Dreyfus, Netanyahu said: “Now, an international court in The Hague, also headed by a French judge, is repeating this outrageous offense. It is falsely accusing me, the democratically elected prime minister of the State of Israel and Israel’s former defense minister Yoav Gallant, of deliberately targeting civilians, this when we do everything in our power to avoid civilian casualties, ” he said. Netanyahu fired Gallant earlier this month, citing “a crisis of trust.”  

Meanwhile, the warrant for Hamas’s military chief Mohammed Deif is a bit of a head-scratcher – Israel’s military previously reported in August that Deif had been killed in an airstrike on 13 July.

Beyond the main players, the decision has left world leaders divided. Here are some of their reactions: 

  • Outgoing US President Joe Biden called the decision “outrageous”, saying that there was no equivalence between Israel and Hamas. “We will always stand with Israel against threats to its security,” he said. 
  • Hungarian Prime Minister Viktor Orbán said the warrants were “outrageously impudent” and “cynical.” He said that he would defy the court and invite Netanyahu to Budapest. This is despite the European Union, which Hungary is a part of, calling for member states to respect and implement the court’s decisions. 
  • Ireland, Italy, Belgium, France, and the Netherlands have said they would respect the court’s decision and potentially arrest Netanyahu if he steps foot in their countries.
  • Türkiye said the decision was “belated but positive” and “an important step.”
  • Argentina said that it was in “deep disagreement” with the decision, saying it ignores Israel’s right to self-defence. 

So, will Netanyahu be arrested? If he travels to ICC member states, he could be. The state could refuse to arrest him. But it’s not a good look. Remember when South Africa refused to arrest former Sudanese president Omar al-Bashir in 2015? The ICC found the country had failed in its obligation to arrest al-Bashir, who was accused of genocide, war crimes, and crimes against humanity for his involvement in the conflict in Darfur, where the United Nations estimates 300,000 people have been killed. So, while some ICC member states have said they would respect the court’s decision, it remains to be seen whether Netanyahu will be held accountable.

tshego@explain.co.za |  + posts

Tshego is a writer and law student from Pretoria. A keen follower of social media trends, his interests include high fantasy media, politics, science, talk radio, reading and listening to music.

He is also probably one of the only people left who still play Pokemon Go.