Dr. John Reynolds of Maynooth University discusses the reaction of states to the International Criminal Court (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and the country’s former defence minister Yoav Gallant over suspected war crimes in Gaza.
Dr. Reynolds tells us there’s been a mixed reaction to the move by the ICC. States signed up to the court are obliged to arrest both men on their territory, however, there’ve been statements to suggest otherwise. John says that’s because law and the legal system isn’t insulated from geopolitics, imperialism or war economies:
The ICC, to take that as example, is not a panacea and we shouldn’t expect it to be. We are talking about major entrenched imperial power relations here… it’s one of many political battlegrounds and arenas of struggle.”
The US, which is not a member of the ICC, has a contentious relationship with the court. John talks about these historical difficulties and the move by the US to sanction ICC officials in protest over the latest arrest warrants:
Because there’s a question of the west’s own internal self-reflection; ‘what does this mean for us if Israeli leaders can be put on trial?’ And this speaks most directly and explicitly to the US position.”
After accusations going back some time by African states that the ICC is guilty of selective prosecutions of cases originating in Africa, this is the first time that the court has issued a warrant for a leader of a Western ally, in Netanyahu, which John reflects on. He says there is still a narrative, among the states who oppose the arrest warrants that,
[…] this is wrong from the perspective of the legitimacy of the court because we can’t create an equivalent between elected leaders of a democratic state, like Israel… we can’t equate them with these African warlords or non-state terror groups that we see as threats to our world view.”
John says that Palestinian groups are pushing for an extension of the crimes being prosecuted, which currently include the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution and other inhumane acts.
IRLI, as a supporter of national and international courts and judicial independence, believes strongly in the authority of the ICC and the responsibility of states signed up to the court to abide by its principles.
Presented and produced by Evelyn McClafferty
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.