ICC Spokesperson: Netanyahu and Gallant Arrest Warrants Valid

According to ISNA, Fadi Al-Abdullah, in an interview with Al-Arabi Al-Jadeed last week on the sidelines of the International Conference on the Protection of Journalists in Armed Conflict in Doha, said: The arrest warrants have been issued by the ICC and the legal procedures are underway, including Israel’s appeals that have not yet been decided by the judges of the court who are reviewing them. Here, I would like to note that the prosecutor’s office is still operating, although the prosecutor himself is on administrative leave. Two of his deputies are working and the suspension of the prosecutor’s work does not affect the ongoing case.

Asked whether the court had set a date for the Israeli occupiers’ appeal against the arrest warrants, he added: “No, there is no date yet for the decision on the appeal. The investigation is ongoing and the judges have issued the arrest warrants. The suspension of the prosecutor’s work does not mean that the arrest warrants have been revoked.”

The official added: “States party to the Rome Statute are legally obliged to cooperate with the ICC, including by executing arrest warrants. If these states believe that they are prevented from executing arrest warrants, they should request the judges of the ICC to exempt them from the arrest warrant. States party to the Rome Statute do not have the right to decide whether or not to execute the arrest warrant. This decision is up to the judges of the ICC. When we look at the experience of the ICC and the experience of other courts, we see that a very important factor in international justice is that crimes are not subject to a statute of limitations.” This means that ICC warrants will remain in effect for life, if necessary or if the ICC judges themselves decide to revoke them for compelling legal reasons. If there are circumstances that prevent a particular person from being arrested, such as a fugitive from justice or someone who is under political or military protection, these circumstances may change one day. There are arrest warrants that have been executed 10 or 15 years after they were issued, and international justice remains committed to serving justice, no matter how long it takes.

The ICC Prosecutor’s Office announced that Khan had decided to temporarily step down from his position as the UN investigation into the sexual misconduct allegations draws to a close.

Regarding his description of the killing of more than 254 journalists in the Gaza Strip by Israeli occupation forces during the two-year war, Fadi Al-Abdullah said that only the International Criminal Court is authorized to describe these crimes as genocide or crimes against humanity, provided that the conditions are met. He noted: According to international law, journalists are protected like civilians in armed conflicts. Therefore, if the legal requirements in terms of jurisdiction, subject matter, the principle of complementarity and the gravity and seriousness of the crime committed are met, it can be legally described as a war crime or a crime against humanity. I cannot decide on a matter that has not yet been submitted to the judiciary. If there is a case of this kind, the ICC Prosecutor must examine the evidence and determine whether it qualifies as a war crime or a crime against humanity. We are talking here about the legal framework that allows for the protection of journalists and, more generally, about the legal framework that allows for the protection of civilians in war zones.

The spokesperson stressed: “Every law that exists and is enacted has institutions responsible for its implementation, and the International Criminal Court is usually the last resort in such crimes. The primary responsibility for prosecuting the killers of journalists lies with the judiciary in the respective countries. If the national judiciary fails to prosecute the perpetrators of these crimes, the International Criminal Court can intervene, but only after several conditions are met, including those related to the jurisdiction of the court, the gravity of the crime and its impact on societies, and complementarity between the national and international judiciary.”