ICC trial of Netanyahu, Gallant would be ‘huge step’ for intl. justice: Legal scholar

By Alireza Hashemi

If Israeli Prime Minister Benjamin Netanyahu and former military affairs minister Yoav Gallant are held accountable by the International Criminal Court (ICC), it would represent a significant advancement for international justice, says a US-based legal scholar.

Susan Akram, director of the International Human Rights Clinic at Boston University School of Law, made these remarks in an interview with the Press TV website, referring to the ICC’s Thursday arrest warrants against the Israeli regime leaders on charges of crimes against humanity in Gaza.

Among the war crimes charges against Netanyahu and Gallant are that they “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

Akram, a vocal advocate of pro-Palestinian rights, stated that the trial of the Israeli regime leaders would challenge the perception that the ICC primarily prosecutes African leaders.

“If Netanyahu and Gallant are actually arrested and tried at the ICC, it will be a huge step for universal justice. Thus far, the ICC has failed to prosecute a single Western leader and, until issuing warrants against [Russian President Vladimir] Putin, was often called the 'African criminal court' because only Africans have thus far been tried there,” she told the Press TV website.

She noted that the verdict against Netanyahu could also potentially halt ongoing genocidal crimes against Palestinians in Gaza, which has so far killed more than 44,150 people, 70 percent of them women and children.

“Bringing Netanyahu and Gallant to account before an international court for the crimes they have ordered, incited, and committed will restore the faith of civil society worldwide that justice is also possible against the powerful, not just against the weak,” the law professor stated.

It will also help bring to a halt the atrocities that Israel is committing against the Palestinian people, not just in Gaza, where the crimes are acute and horrific, but also in the West Bank and East Jerusalem [al-Quds], evidence of which is also pending in the ICC.”

On whether countries around the world will enforce the ICC arrest warrant considering staunch US support for Israel, Akram said all 125 member states of the ICC are technically obliged to enforce the ruling, and many of them, including those in the West, have already voiced their willingness to comply.

“All states parties to the Rome Statute and the ICC are required to respect and implement the orders of the Court. Thus far, in the West, France and the Netherlands have indicated they intend to enforce the Court's warrants, and Belgium and Switzerland have also stated accordingly,” she said.

“Many non-Western countries, particularly those that have referred the situation of Palestine to the Court, will effectuate the warrants: South Africa, Bangladesh, Comoros, Bolivia, Djibouti, Chile, and Mexico. In addition, countries that have joined in South Africa's case on genocide against Israel will probably also execute warrants: Spain, Nicaragua, Colombia, Turkey, Libya, Egypt, Maldives, and Ireland.”

She highlighted the significant role of international public opinion and civil society in pressuring governments across the world to adhere to the Hague-based international tribunal’s rulings.

“Public opinion and civil society have a huge role to play in pressuring their governments to comply with the ICC. In fact, civil society has already played a significant role in submitting evidence to both the ICC and ICJ that has contributed to both courts' decisions and orders,” Akram stressed.

Ongoing protests and litigation against Western governments for complicity in war crimes in Gaza as well as Lebanon are expected to increase, she said.

“Ongoing pressures from protests and demonstrations have pushed countries to bring and join in ICJ cases as well as litigation that has been brought against governments for complicity with war crimes and genocide in domestic courts. The latter cases are ongoing, and more are likely.”

Comparing the charges against Netanyahu and Gallant with those against Putin, Akram noted that charges against the Israeli regime leaders are generally more expansive.

“The charges against Netanyahu and Gallant as described in the warrants are for war crimes of starvation and intentionally directing attacks against a civilian population as well as crimes against humanity such as murder, persecution, and other inhumane acts,” she stated.

“In contrast, charges against Putin were for war crimes related to unlawful deportation of children and unlawful transfer of population from occupied territory in Ukraine to Russia.”

Akram further pointed out that the ICC can amend charges and potentially expand them, making matters worse for the Israeli premier who has presided over the modern era’s worst genocide.  

“It is important to note that the Court can amend or enlarge its charges; a number of current charges can also support charges of other crimes including genocide.”

Press TV’s website can also be accessed at the following alternate addresses:

www.presstv.ir