Former Palestinian Minister: Objections Delayed Arrest Warrants for Netanyahu, Galant | Politics

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RamallahFormer Palestinian Justice Minister Mohammad Fahed Shalaldeh said objections had delayed the issuance of arrest warrants for Israeli “war criminals,” especially Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant.

Al-Shalaldeh, an expert in international law, added in his interview with Al Jazeera Net that the International Criminal Court had received 60 requests to stop issuing arrest warrants, but he said that these objections were worthless, and that arrest warrants would inevitably be issued.

He pointed out the possibility of prosecuting American leaders in the International Criminal Court as well, due to supplying Israel with weapons and using the veto against the ceasefire in Gaza.

Below is the text of the interview conducted by Al Jazeera Net with Al-Shalaldeh, which also discussed the possibility of prosecuting the leaders of Israel and the countries supporting it by the national judiciary of the countries, the role of Palestine and human rights organizations in the next stage, and the procedures for arresting and detaining those against whom arrest warrants are issued:

Security Council Prosecutor of the International Criminal Court
ICC Prosecutor Karim Khan has recommended that the court issue arrest warrants against Netanyahu and Galant (Al Jazeera)

  • We begin with the announcement by the ICC prosecutor on May 20 that he is seeking to issue arrest warrants for Netanyahu and Galant. What is the significance of the announcement? And why have arrest warrants not been issued yet?

Based on the evidence and proofs submitted to the International Criminal Court and referred by the State of Palestine, as a party to the Court’s Statute, the Prosecutor, in coordination with the Pre-Trial Chamber of the Court, has reached a conclusion – through final legal evidence and proofs – that Israel has committed war crimes and crimes against humanity against the Palestinian people.

Accordingly, the Pre-Trial Chamber and the Office of the Prosecutor were fully convinced to issue arrest warrants against the Israeli Prime Minister and his Minister of Defense, as they were responsible for giving the instructions and orders to carry out these crimes against the Palestinian people.

Regarding the failure to issue arrest warrants, the court relied on numerous lawsuits or requests from states parties to its statute, as the court received 60 requests to suspend arrest warrants and detentions against Israeli officials, including appeals for illegal reasons, including that the Oslo Agreement has no criminal jurisdiction over Israelis, and that the court has no criminal jurisdiction over Israelis.

These reasons are illegal because the former prosecutor, Fatou Bensouda, issued her decision in 2021 that the court has territorial jurisdiction over the occupied Palestinian territories, including the Holy City.

The announcement by Attorney General Karim Khan, issuing arrest warrants against Netanyahu and Galant, has very important legal value, and it is possible to implement it at any time, but currently the preliminary chamber is considering the objections submitted, as I mentioned.

Here I call on the Arab and Islamic countries that have joined and ratified the Statute of the Court to submit requests for immediate investigation and to expedite the issuance of arrest and detention warrants.

What is happening in the Gaza Strip is a crime of genocide, a crime against humanity and war crimes. With the issuance of arrest warrants, the criminals who committed these crimes will be prosecuted, regardless of the fact that Israel is not a party to or has ratified the Statute of the Court. According to the Statute of the International Criminal Court, if crimes are committed against nationals of a state party to the Court, the countries of the world have the right to hand over the fugitives to the International Criminal Court, and the State of Palestine is a party to the Statute of the Court.

  • How long does it take to consider objections?

Legally, states have the right to file objections, and there are 60 objections to stop the issuance of arrest warrants, on grounds that have no basis in international law.

Currently, the Pre-Trial Chamber is examining these requests and will issue its decision. It is a matter of time, but ultimately the court will proceed with the prosecution of Israeli war criminals, because the lack of accountability and prosecution encourages the occupation to commit more crimes.

  • Who are the 60 parties objecting to the arrest warrants?

There are countries, civil society organizations and lawyers, but from the standpoint of international law this has no effect. It is only an attempt to obstruct the course of the court and to obstruct the process of issuing arrest warrants and arresting Israeli officials.

  • Couldn't the court be subject to political pressure during this delay?

From the perspective of international law, I see the International Criminal Court as an independent judicial body, despite the existing pressures, especially from the United States, which threatened the former prosecutor.

There are Israeli and American threats to the current prosecutor, the ICC judges and the judges. International Court of JusticeBut regardless of these threats, the International Court of Justice proved its integrity and issued the advisory opinion on the nature of occupation with confidence and boldness, based on international law.

Ultimately, the court of justice or the criminal court is governed by law, not politics, even if there are attempts to influence it.

  • Could the arrest warrants be expanded to include other Israeli officials?

Yes, issuing arrest warrants against Netanyahu and Galant does not prevent the Attorney General, in coordination with the Preliminary Chamber, which is considered a preliminary investigating judge, from issuing arrest warrants and orders against other officials, whether they are settlers or political leaders, headed by Finance Minister Bezalel Smotrich, who threatens to starve two million Palestinians in the Gaza Strip.

This statement is a war crime, conspiracy and incitement to commit genocide against the Palestinian people. It is a political order for soldiers, officers and settlers to starve the Palestinian people. There is military and economic terrorism, starvation of the civilian population, piracy of Palestinian Authority funds, and political terrorism against the Palestinian people in the occupied Palestinian territory.

  • Who decides who to pursue?

It is the countries that refer to the court. The State of Palestine here is the one that provides the Criminal Court – through the Ministry of Foreign Affairs – with all the documents, evidence and proof, as well as Palestinian and international human rights organizations.

Individual lawyers can submit their lists. For example, if the perpetrator of the crime is a settler, a case can be filed against the Minister of Settlement, and if it is a war crime against the Chief of Staff or the Prime Minister, and so on for every crime, in coordination with the Attorney General who examines and coordinates with the Preliminary Chamber all the powers exercised by this or that official.

The process is based primarily on information, evidence and proof provided by states, parties, human rights organizations and international lawyers in coordination with the Prosecutor of the International Criminal Court.

  • What about countries that support the occupation militarily, such as the United States? Can their leaders be prosecuted?

Yes. The United States and some European countries’ provision of internationally prohibited weapons and ammunition to Israel violates the interim measures taken by the International Court of Justice (in March) such as the call for a ceasefire, an end to the policy of starvation against the civilian population, and the need for food and medical supplies to arrive.

Therefore, the unlimited support of the United States and some European countries to supply Israel with weapons is subject to international legal responsibility, meaning that America bears international legal responsibility and also bears individual personal criminal responsibility before the International Criminal Court.

It is a living proof that the State of Nicaragua filed a case against Germany before the International Court of Justice for supplying Israel with weapons. The weapons contribute effectively to the continuation of the crime of genocide in the Gaza Strip, and violate the arms supply agreement, as well as being a violation of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.

The United States also bears responsibility for its use of the veto and the threat to liquidate the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as this contributes to the continued commission of the crime of genocide against the Palestinian people in the Gaza Strip.

America has contributed and is contributing to weakening and marginalizing the primary role of the United Nations Charter and marginalizing the principles and rules of international law. Therefore, it must be held accountable and prosecuted before the International Court of Justice and the International Criminal Court.

  • When arrest and detention orders are issued, how and who implements them?

The number of members of the International Criminal Court is 125 countries, of which only 5 are Arab countries, including Palestine. When arrest warrants are issued against any persons who have committed war crimes, crimes against humanity, and genocide, the member states have the right to arrest and surrender to the court.

Meaning that when this president or official travels to one of the 125 countries, he is arrested and handed over to the International Criminal Court where he is imprisoned, investigated and given a fair trial.

There is also international judicial cooperation that includes even states that are not parties to the Statute of the Court. For example, the Israeli Prime Minister cannot travel to any state that is a member of the International Criminal Court. Rather, he is prohibited from passing through the airspace, waters, or territories of these states. If he does, this state has the right to arrest him and hand him over to the court.

Therefore, there is international judicial cooperation and bilateral agreements between countries for extradition and trial, and once an arrest warrant is issued against the Israeli Prime Minister, this is considered a development and a prelude to investigation and bringing him to court.

  • After the decision was issued… What should be done by Palestinians and what is the role of human rights civil society organizations?

Palestinian and international civil society institutions played a major and effective role in providing evidence and proof, in addition to the major role of the State of Palestine through the Ministry of Foreign Affairs, and this is a very important aspect.

Criminals can also be prosecuted before what is called universal jurisdiction, as many European legislations allow the prosecution and accountability of perpetrators of war crimes, genocide and crimes against humanity, regardless of their accession to the Fourth Geneva Convention, the place where the crime occurred and the nationality of the perpetrator.

In the 1980s, cases were filed by Palestinian and European lawyers against (then Israeli Defense Minister) Ariel Sharon (against the backdrop of the Sabra and Shatila massacre) in the Belgian courts, but unfortunately the Belgian legislation was repealed. Cases were also filed against former Israeli Foreign Minister Tzipi Livni in the British and German courts.

Instead of asking foreign countries to hold us accountable, I call on Arab and Islamic countries to recognize universal jurisdiction so that they can hold the occupation leaders accountable and prosecute them before the national judiciary of these countries.

  • Finally, what impact do the arrest warrants have on Israel and its officials?

The legal, judicial and diplomatic battles in the international justice arena, whether before the International Criminal Court or before the International Court of Justice through South Africa – in coordination with the State of Palestine – are of great legal importance and value.

This is a legal step that is no less important than the aspects, tools and means of the Palestinian struggle. There is a Palestinian resistance in the Gaza Strip that is appreciated and valued, and is guaranteed by international law. There is also a legal, judicial and political resistance that is no less important than the practical resistance. Therefore, all efforts complement each other in the direction towards liberation and independence in accordance with the resolutions of international legitimacy.

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