ICC Warrants Are Binding, Cannot Pick And Choose: EU’s Borrell

European Union governments are bound by international law to enforce arrest warrants issued by the International Criminal Court (ICC) for Israeli leaders and a Hamas commander, the EU’s top diplomat, Josep Borrell, said on Saturday. His statement comes after the ICC issued warrants against Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri for alleged crimes against humanity.

ICC Warrants for Israeli Leaders and Hamas Commander

The ICC’s decision, announced on Thursday, charges Netanyahu and Gallant with involvement in crimes including murder, persecution, and the use of starvation as a weapon of war in Gaza. The court asserts there is sufficient evidence to suggest they were responsible for “widespread and systematic attacks” against Gaza’s civilian population. Meanwhile, the warrant for Al-Masri focuses on his alleged role in the mass killings during Hamas’s attack on Israel on October 7, 2023.

Israel claims to have killed Al-Masri, but the ICC warrant remains active. The legal obligations under the Rome Statute, which all EU member states have signed, demand compliance with ICC rulings.

Borrell Emphasizes EU’s Legal Obligation

Borrell made it clear that EU member states are legally obligated to implement the ICC’s decisions, stressing, “It’s not optional.” He also pointed out that this duty extends to countries seeking EU membership. “It would be very funny that the newcomers have an obligation that current members don’t fulfill,” Borrell added during a visit to Cyprus for a peace workshop with Israeli and Palestinian activists.

Despite this, Hungary’s Prime Minister Viktor Orban has openly supported Netanyahu, inviting him to visit Hungary and assuring him that he would not face any risks. This stance has sparked criticism, with some arguing that Hungary is undermining EU obligations.

Criticism of the ICC Decision and Accusations of Antisemitism

The United States has rejected the ICC’s warrants, and Israel has condemned the move as antisemitic. Responding to these accusations, Borrell strongly defended his right to criticize the Israeli government, asserting, “I have the right to criticize the decisions of the Israeli government, be it Mr. Netanyahu or someone else, without being accused of antisemitism.”

He went on to say, “Every time someone disagrees with the policy of one Israeli government – (they are) being accused of antisemitism. This is not acceptable. That’s enough.”

The Ongoing Humanitarian Crisis in Gaza

Israel’s military offensive in Gaza, now in its 13th month, has resulted in the deaths of approximately 44,000 Palestinians and displaced nearly the entire population of the Gaza Strip, according to Gaza officials. Israel’s actions were triggered by a deadly Hamas-led attack on Israel on October 7, 2023, which left 1,200 Israelis dead and more than 250 others taken hostage.

---