ICC Doesn't Have 'Police', Can Israeli PM Netanyahu Be Arrested?

JAKARTA - The judge at the International Criminal Court (ICC) on Thursday issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant and Hamas leader on charges of war crimes and crimes against humanity.

The move came after ICC prosecutor Karim Khan announced on May 20 he requested an arrest warrant for an alleged crime linked to Hamas' attack on Israel on October 7, 2023, and an Israeli military response to Gaza.

Were Netanyahu and the Hamas leader arrested?

Reported by Reuters on Thursday, November 21, 124 ICC member states are required by a court establishment law to arrest and hand over any individuals subject to an ICC arrest warrant if they set foot on their territory.

But courts have no way to make such arrests.

There is no police, so the arrest of the suspect must be carried out by a member state.

Sanctions for those who do not arrest someone even though there is already an arrest warrant that is nothing more than a diplomatic slap, such as handing over a country to an ICC regulatory body consisting of member states and finally to the UN security council.

ICC members cover all EU countries, UK, Canada, Japan, Brazil, and Australia.

In the Middle East region, Palestinian and Jordanian territories are members of the ICC. Israel is not a member country, nor is the United States.

The court based its jurisdiction on Israeli officials on the fact that Palestinian territory was recognized as a member state in 2015.

Courts can demand alleged crimes of atrocities committed by citizens of member states and crimes committed by anyone, regardless of their citizenship, based on regional laws of member states.