By Ali Elias
European Union governments must comply with arrest warrants issued by the International Criminal Court (ICC) against two Israeli leaders and a Hamas commander, EU foreign policy chief Josep Borrell said on Saturday.
The ICC issued warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri, accusing them of crimes against humanity. These include allegations of murder, persecution, and the use of starvation as a weapon of war. Netanyahu and Gallant are alleged to have been involved in actions linked to Israel’s offensive in Gaza, while Masri faces charges for his role in the Oct. 7, 2023, Hamas-led attack in southern Israel.
All EU member states are signatories to the Rome Statute, the ICC’s founding treaty. While some member states, such as Hungary, have expressed reluctance, with Prime Minister Viktor Orban assuring Netanyahu he would not face arrest if he visited, Borrell emphasized the legal obligation. “The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional,” he said during a workshop in Cyprus involving Israeli and Palestinian peace activists. These obligations, he added, also extend to countries aspiring to join the EU. “It would be very funny that the newcomers have an obligation that current members don’t fulfil,” he told Reuters.
The ICC’s move has drawn strong reactions. Israel labeled it antisemitic, while the United States rejected the court’s decision outright. Borrell dismissed accusations of antisemitism in criticizing Israeli policies. “I have the right to criticize the decisions of the Israeli government, be it Mr. Netanyahu or someone else, without being accused of antisemitism. This is not acceptable. That’s enough,” he said.
The Gaza conflict has inflicted catastrophic humanitarian consequences. Gaza officials report that Israel’s 13-month campaign has killed approximately 44,000 Palestinians, displaced almost the entire population of the enclave, and created a severe humanitarian crisis. The offensive followed the Hamas-led attack that killed 1,200 Israelis and took over 250 hostages.
The implications of this ICC decision are profound, testing the EU’s commitment to international justice and legal obligations. Member states’ responses could shape perceptions of the EU’s adherence to the rule of law and its role as a global human rights advocate. A failure to uniformly implement the ICC warrants risks undermining the court’s authority and credibility, potentially emboldening other states to dismiss international legal norms. Conversely, enforcement would reaffirm the principle of accountability for alleged war crimes, regardless of the political stature of the accused.
Headline and story courtesy of Reuters. You can read the original story here