Israel Today: Ongoing War Report - Update from 2024-05-21 at 16:03
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HEADLINES - **ICC Seeks Arrest Warrants for Netanyahu and Gallant Amid International Controversy** - **Norway Poised to Arrest Israeli Leaders if ICC Warrants Issued** - **IDF Strikes Hezbollah Targets in Southern Lebanon Following Rocket Attacks** The time is now 04:00 PM in New York, I'm Noa Levi and this is the latest Israel Today: Ongoing War Report. The recent announcement by International Criminal Court (ICC) Prosecutor Karim Khan seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant has generated widespread international debate. The warrants, which also target leaders of Hamas, have been met with significant pushback from Israel, the United States, and other global figures. Both Netanyahu and US President Joe Biden have condemned the moral equivalency drawn between Israeli leaders and those of Hamas. The ICC's pre-trial chamber will now evaluate whether the court has jurisdiction and whether the case is admissible. This hinges on the principle of complementarity, which requires that the ICC can only intervene if a nation's judiciary is unable or unwilling to investigate the alleged crimes. Prosecutor Khan's allegations against Netanyahu and Gallant include severe charges such as "starvation of civilians as a method of warfare," "extermination and/or murder," and "intentionally directing attacks against a civilian population." These accusations relate to the humanitarian crisis in Gaza. International law experts have indicated that proving intentionality behind these charges poses a significant challenge. According to Prof. Yuval Shany of Hebrew University's Faculty of Law, the burden of proof is particularly high for charges as severe as crimes against humanity and war crimes. Former Canadian justice minister and international law expert Irwin Cotler emphasized the necessity of proving intentionality, as stipulated by the Rome Statute, the ICC's founding document. Cotler and other experts argue that the evidence does not support the claim of a deliberate policy to starve civilians in Gaza. The complexity of these charges is further compounded by the fluctuating control Israel has had over Gaza and the varying levels of humanitarian aid provided. Statements made by Gallant at the onset of the conflict, which described a "complete siege" of Gaza, have been cited as potentially incriminating. However, these policies were short-lived, and aid began to flow into Gaza within weeks of the initial blockade. In terms of war crimes, including "willful killing" and "intentionally directing attacks against a civilian population," experts highlight the difficulty in securing convictions. The prosecution would need to demonstrate that civilian casualties were excessive relative to the military necessity and that targeted sites were not legitimate military objectives. The use of civilian infrastructure by Hamas for military purposes complicates this further, as it transforms those sites into lawful targets under international law. The Israeli Defense Forces (IDF) maintain rigorous legal scrutiny and accountability, with multiple investigations currently open into potential misconduct. This internal oversight could challenge the ICC's jurisdiction under the complementarity principle. The ICC prosecutor's decision to proceed with arrest warrants before these investigations are concluded appears premature to some legal scholars. In related news, Norway has announced its readiness to arrest Netanyahu and Gallant should the ICC warrants be issued, making it the first European country to do so. This stance underscores the potential diplomatic ramifications of the ICC's actions. Meanwhile, Israel's Communications Minister Shlomo Karhi has reversed the decision to confiscate equipment from the Associated Press, following outcry from the United States. This decision...
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