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ICC seeks arrest warrants for Benjamin Netanyahu, Yahya Sinwar and other Israeli and Hamas leaders – but unlikely to lead to swift justice

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This was requested by the Chief Prosecutor of the International Criminal Court court judges edition arrest warrants for the leaders of Israel and Hamasresulting from the Hamas attacks on Israeli civilians on October 7, 2023 and the following Israeli siege of Gaza.

Karim AA Khan, Chief Prosecutor of the International Criminal Court, often called the ICC, – wrote within the statement that he sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant, in addition to Hamas leaders Yahya Sinwar, Muhammad Deif and Ismail Haniyeh. Khan said each Israeli and Hamas leaders “bear criminal responsibility” for “war crimes and crimes against humanity,” which he detailed within the statement.

ICC allegations against Hamas include extermination, murder, hostage-taking, rape and other acts of sexual violence. The ICC’s charges against the 2 Israeli leaders include ravenous Palestinians in Gaza, “deliberately targeting civilians,” in addition to persecution and “deliberate killing.”

The ICC, an independent tribunal based in The Hague, Netherlands, prosecutes genocide, crimes against humanity and war crimes – the latter legal term which incorporates attacks on civilians and other crimes. violations of martial lawSuch as blocking humanitarian aid.

Khan announced an inquiry in November 2023 to investigate Hamas and Israeli suspects following the Hamas attack in Israel that killed 1,200 people and kidnapped lots of more, and Israel’s subsequent war in Gaza, which has to date over 34,000 Palestinians died.

ICC criminal investigation appears right after the famous genocide case which South Africa brought against Israel in December 2023 before one other international tribunal called the International Court of Justice.

But these investigations and courts are different. Although the ICC can conduct trials of individuals allegedly responsible for criminal violations of international humanitarian law, the International Court of Justice is the a part of the United Nations that adjudicates civil and civil disputes. cannot accuse individuals of crimes.

How human rights researcher and international courts, I imagine it’s important to emphasize that the ICC and other contemporary international criminal tribunals would not have enforcement powers of their very own. This signifies that in an Israel-Hamas situation, the ICC may never have the option to arrest the suspects or bring them to justice.

Therefore, these international courts have had mixed experiences in holding senior political and military leaders accountable for their crimes. Only when political leaders lose power is there a probability that their governments will arrest them and hand them over to international courts for prosecution.

Palestinians walk among the many rubble of destroyed buildings in Nuseirat, Gaza, April 29, 2024.
AFP via Getty Images

A challenge for international courts

Take the instance of Russian President Vladimir Putin, who has been opposing an ICC arrest warrant since March 2023 for allegedly committing war crimes throughout the Ukrainian war. As long as Putin stays in power, there’s virtually no probability of his arrest.

International criminal tribunals just like the ICC have a two-fold problem. First, these tribunals don’t have any real international police force to perform arrests.

Second, governments implicated within the alleged crimes of their leaders often try to obstruct the work of international tribunals by not extraditing suspects and trying to attack the tribunals as biased.

The problem of enforcement, as my scholarship has showncould allow the leaders of a robust country corresponding to Israel or an entity corresponding to Hamas to avoid arrest warrants issued by international courts – provided the suspects remain inside their country or territory.

Israel is in this example just isn’t a celebration to the ICC, meaning that he has never agreed to abide by his judgments or arrest orders and doesn’t otherwise recognize the court’s jurisdiction. The United States and other countries, including Qatar, where a minimum of one in every of the Hamas leaders named in Khan’s arrest warrant lives, are also not members of the ICC and don’t have any legal obligation to make arrests.

If the ICC pre-trial chamber approves Khan’s request for arrest warrants for Netanyahu and Gallant, they’ll have the option to go to meet US leaders in Washington without fear of arrest. But now they’ll likely avoid travel to European Union countries, all of that are a part of the ICC, and will probably be forced to arrest Netanyahu.

All this also can contribute to Israel’s development further international isolation and pressure on his conduct throughout the war.

Issuing arrest warrants for Hamas leaders also risks stigmatizing Hamas internationally.

The United States, which at times strongly opposed the ICC, but also supported the ICC warned the ad hoc court, as was the case within the ICC war in Ukraine case that issuing arrest warrants for Israeli leaders could jeopardize a possible ceasefire agreement between Israel and Hamas.

Milosevic’s fall from power

Not all arrest warrants fail.

Attempt Serbian leader Slobodan Milosevic from the mid-2000s shows how international tribunals might have the option to prosecute alleged war criminals after they lose power.

In 1993, when the war in Bosnia was still ongoing, the UN Security Council established a special court, called the Tribunal for International Criminal Tribunal for the previous Yugoslaviato address crimes committed during regional wars.

This court indicted Serbian nationalist leader Slobodan Milosevic for war crimes and crimes against humanity committed in 1999 throughout the ongoing war in Kosovo. Milosevic’s alleged crimes in Kosovo include a large ethnic cleansing campaign against Kosovo Albanians, the country’s largest ethnic group. Milosevic later faced additional charges for alleged crimes in Bosnia and Croatia.

However, when the indictment was issued, Milosevic was still in power and his government protected him from arrest. Milosevic lost the presidential election in late September 2000 and after widespread protests he gave in.

The United States promised the brand new democratic government in Serbia significant economic aid to speed up post-war recovery. This helped persuade the Serbian government to accomplish that arrest Milosevic and then move it to international tribunal in June 2001.

People are holding loudspeakers and standing in front of a black and white photo of a man looking very serious.
Relatives and supporters of hostages held by Palestinian militants in Gaza chant during an indication calling for their release on April 27, 2024.
Jack Guez/AFP via Getty Images

A possible handbook for the leaders of Israel and Hamas

Milosevic trial was launched in February 2002but he died in prison in 2006, shortly before the top of the trial.

His trial continues to reveal that, under certain circumstances, international courts can overcome their lack of enforcement powers and bring high-level suspects to justice. International political pressures and incentives often play a pivotal role on this process.

As long as any political and military leaders facing potential arrest remain in power, it is probably going that no amount of political pressure or guarantees will persuade Israel, Qatar or other countries to cooperate with the international court and hand over any leaders in the event that they are indicted.

History also shows that even when Hamas leaders are overthrown or Israeli leaders lose the elections, there isn’t a guarantee that potential suspects will ever face the ICC.

There is broad public opposition to the ICC in Israel, encompassing politicians across the political spectrum condemning Khan’s request for arrest warrants.

Despite the undeniable fact that Khan can be searching for to prosecute Hamas leaders, Israeli politicians reacted to the ICC’s decision indignant requests for arrest.** Moreover, a minimum of within the short term, it is very unlikely that the United States will apply to its close ally, Israel, the identical pressure that it successfully applied to Serbia over the arrest of Milosevic after his fall from power.

This article was originally published on : theconversation.com
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International

The Hezbollah Pager Attack Was a Sophisticated ‘Trap’ Operation – It Was Also Illegal

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The operation involved the usage of pagers and walkie-talkies, kill members of the Lebanese militant organization Hezbollah It was creative – but was it legal?

There are definitely those that will argue that this was the case. The considering goes like this: Hezbollah was attacking Israel with rocketsand the pagers and radios purchased by Hezbollah could be expected to be utilized by the identical individuals who were involved in the choice to send those rockets. As a result, the killings, if carried out by Israel as is usually believedappears to be deliberate and justified. While some bystanders can have been killed or injured, they’d likely be affiliated with Hezbollah, in accordance with this line of considering.

But that is just not the right assessment, in accordance with international law. According to the law I actually have been teaching for over 40 yearshiding explosives in on a regular basis objects makes traps – and in almost every case, using a trap designed to kill that is a crime.

Prohibited technique of combat

It is significant to acknowledge that the actions that apparently prompted Israel to attack Hezbollah are also illegal under international law. In fact, Hezbollah, a non-state armed group supported by Iran, has no right to make use of violence of any kind, much less rocket attacks targeting civilians within the north of Israel.

Under international law, a non-state actor only gains the appropriate to fight whether it is related to the regular armed forces of a sovereign state engaged in hostilities. This is just not the case with Hezbollah in Lebanon. This signifies that every Hezbollah missile constitutes the commission of a serious crime.

However, this fact doesn’t give Israel the appropriate to make use of traps in response.

The trap is defined by International Committee of the Red Crossthe body answerable for the supervision and implementation of the Geneva Conventions and related treaties referring to the law of armed conflict, as “harmless portable object” – but redesigned to contain explosives. They are a prohibited technique of warfare and are also banned by law enforcement.

In peacetime, police and other law enforcement agencies are restricted to using lethal force only in cases where life is in immediate danger. Carefully dismantling a device, adding explosives, and sending it to be used in homes or places of worship, for instance, can’t be seen as immediately saving lives.

And in Lebanon at the moment the law of peace is in force. According to international law, there’s currently no war in Lebanon. Israel is involved in military operations within the Gaza Stripnot Lebanon. Sporadic attacks on the Lebanese-Israeli border don’t constitute acts of war under international law.

The list of violations is getting longer

Even if there have been war between Israel and Lebanon, How can this occur?Israel wouldn’t be allowed to make use of booby traps. During warfare, enemy combatants could also be deliberately attacked and killed. Ambushes and other covert operations are permitted. And civilian lives could also be lost as a results of such actions.

But using an item utilized by civilians as a weapon is strictly prohibited in war. It is a type of “killing treacherously,” that’s, by deceit. It is the other of carrying weapons openly, because the venerable treaty requires Annex to the 1907 Hague Convention – which remains to be the law binding on all those involved in military operations.

Even though booby traps have been explicitly illegal for over a hundred years, they’re still used. During the terrorist violence that plagued Northern Ireland for a long timeanti-British Irish Republican Army traps setspecifically automobile bombs. The members of the group they were repeatedly chased under British law. Members of the United States military would even be prosecuted in the event that they decided to create and use a trap.

The use of booby traps adds to a growing list of violations of international law by Israel since October 7. The country itself has fallen victim to a brutal criminal act by Hamas and other Palestinian armed groups. And international law allows for significant, decisive responses to such a crime. But it also sets strict conditions and limits – and makes clear that the usage of booby traps goes beyond those limits.

This article was originally published on : theconversation.com
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Lebanon Pager Attacks Push Hezbollah, Israel to Brink of All-Out War

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When Hezbollah fighters in Lebanon used a whole bunch of pagers exploded Almost concurrently, on September 17, a series of unprecedented events began within the Middle East. Twelve people died and greater than 2,000 were injured.

A second wave of explosions occurred the subsequent day, this time via walkie-talkies. Explosions killed one other 20 people and injured greater than 400 people. There is consensus that small explosive charges were placed in each device in some unspecified time in the future during or shortly after the manufacturing process.

Meanwhile, Lebanon was in turmoil. Fear flourished on this nebulous atmosphere, with (thus far unfounded) rumours that extraordinary mobile phones were also being targeted. This led some to removing the battery out of your iPhones or exchange their Lebanese SIM cards to international ones.

After the initial attacks, each Hezbollah leaders and Lebanese Prime Minister Najib Mikati, he was in a rush to blame Israel. Hezbollah already he swore revenge to perform the attack, although the compromising effects of such a large penetration of its security apparatus mustn’t be underestimated.

As a gaggle that prides itself on its secret security and communications system – one he protects in any respect costs – Hezbollah clearly decided months ago use low-tech solutions to their advantage within the fight against Israel’s highly advanced technological and cyber capabilities.

The logic is evident and well-proven: a pager is far harder to track and far less likely to be hacked than a cellphone. In fact, the group’s leader, Hassan Nasrallah, urged his followers in February to stop using their phones and quit access to the Internet, telling them every phone call “is a mortal threat.”

Israel has not officially claimed responsibility for the attack. But it might make sense for the Israelis to have dealt such a deep blow to Hezbollah’s communications system before – or during – the invasion of southern Lebanon, because they’d have benefited from confusion and surprise.

This view is shared by former Israeli general Amir Avivi, who was quoted as if he said: “Don’t do something like that, don’t kill thousands of people and don’t think that war is not coming… Israel is ready for war.”

On the verge of war

The war between the 2 sides has been brewing for months, with tensions rising periodically. As a researcher of contemporary Lebanese politics, my view until now was that neither side planned the war.

Hezbollah has squandered too many seemingly favorable opportunities to launch an all-out war. These include: attempt Hamas deputy chief Saleh al-Arouri in January in southern Beirut, Israel attack on Iranian consulate in Damascus in April, and most recently the killing of a senior Hezbollah commander Fu’ad Shukr in July.

But now things seem completely different. Nasrallah he has already declared that “there will be a reckoning.” And while he has promised similar retribution for previous attacks, a humiliation of this scale could thoroughly push Hezbollah to raise the stakes even further.

Meanwhile, Israel shows no signs of backing down. Israeli attacks proceed. hit Hezbollah targets within the south, while jet planes flew over the Lebanese capital Nasrallah delivered his latest threats.

People at a Beirut cafe watch a televised speech by Hezbollah leader Hassan Nasrallah, September 19.
Wael Hamzeh / EPA

There are greater than two sides to this conflict. Lebanon itself must operate under dual leadership, and the federal government’s official response should be separate from Hezbollah’s.

For example, Mikati has he called for national unity as “the strongest response to the attack on Lebanon and its people.” And his foreign minister was much more explicit in his words“There is no doubt that this is a terrifying moment and we fear the coming war because we do not want war.”

What Lebanese civilians want

Most Lebanese residents have consistently said they haven’t any desire for war since October 2023. Recent polls indicate that this sense persists.

But this latest attack could change things. Surveys conducted over the past two years indicate that there was a slight increase in positive perceptions of Hezbollah’s regional policies among the many Lebanese.

And if, as polls suggest, this shift is probably going the result of growing hostility toward Israel because the starting of the Gaza war, the newest attacks will only push the difficulty further.

Of course, there are nuances to these attitudes. Most people in Lebanon seem to remember that the fate of the country shouldn’t be of their hands, and that Hezbollah, Israel and other international actors hold the keys to an all-out conflict.

This has led to a general sense of hopelessness in Lebanon that has been growing since 2019. As a result, only 13% of respondents “I think the situation will improve in the next two or three years.”

Things are quite different across the border in Israel. According to a survey conducted by Israel Democracy Institute in August, only 25% of Israelis thought their country should “refrain from attacking Lebanon’s infrastructure.” In fact, 42% said Israel should “launch a deep attack on Lebanon.”

One would expect that the attack on Hezbollah communications can be welcomed by those that expected a tougher, deeper operation from the Israeli government. Israeli authorities will even undoubtedly hope that the attacks can sow some frustration in Lebanese society against Hezbollah.

But it hasn’t worked thus far. And the attacks, which appear to have killed more civilians than Hezbollah fighters and will constitute a war crime, can have left the Lebanese indignant and victimized.



In the meantime, the world can only wait to see what happens next. For its part, the United States that explained it doesn’t support the war and if reports are to be believed, he doesn’t think an invasion by Israel is inevitable.

This article was originally published on : theconversation.com
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Will the Quads’ reunion be merely apparent and devoid of substance?

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This weekend, the Quad’s 4 leaders will meet again, this time in U.S. President Joe Biden’s hometown of Wilmington, Delaware. The summit can even be a farewell for the two leaders—one of Kishida Fumio’s final acts as Japan’s prime minister, and Biden will end his term 4 months after the meeting.

The Quad is an ambitious undertaking. As the 4 explained in a lengthy first Leaders’ messageIts aim is to advertise “a free, open, rules-based order, rooted in international law and unfettered by coercion, to enhance security and prosperity in the Indo-Pacific region and beyond.”

Described by policy pundits as “minilateral” to tell apart it from broader multilateral regional institutions akin to ASEAN and APEC, the organisation brings together a small group of self-proclaimed “like-minded” countries committed to pursuing a typical set of ambitions for the world’s most populous region.

First established in 2007, the Quad brought together 4 partners to debate shared security concerns raised by China’s rising power. Its first iteration was led largely by Washington and Japan, with Australia and New Delhi being reluctant participants. The group was largely abandoned by its members in 2008. They saw little profit in such overtly anti-Chinese coordination at a time when China’s foreign policy remained cautious.

The quad was brought back to life in 2017The 4 now share a grim assessment of Asia’s geopolitical circumstances. Xi Jinping’s China has an ambitious and assertive foreign policy that has unsettled the region and prompted the 4 to dust off the Quad structure.

The Quad was revived in 2017 in response to Xi Jinping’s increasingly aggressive foreign policy.
Andres Martinez Casares/EPA/AAP

The first formal meeting took place on the sidelines of the East Asia Summit in 2017. This was followed by a series of senior officials’ meetings in 2018 and at the level of foreign ministers in 2019 on the sidelines of the UN General Assembly. Further ministerial meetings were held in 2020 in Tokyo and online in early 2021.

Biden hosted the first leaders’ meeting of 2021. There, the group pledged to carry an annual event to offer lasting political momentum for a gaggle the 4 now see as critical to their interests in the region.

At first, the Quad focused on military cooperation to advertise shared military concerns. However, in a comparatively short time, it has moved away from this security focus and has now developed a broad scope of activity. The group has established work programs on climate change, public health, immunization, high technology, infrastructure, educational exchanges, maritime domain awareness, humanitarian assistance and disaster relief, and even space.

Although it has never been explicitly stated, the Quad is anxious with managing a collective response to China’s rise. The 4 are concerned about the military dimensions of Beijing’s growing prosperity, but in addition about the larger threats to the region’s operating system that this ambitious authoritarian power represents. While military concerns prompted the Quad’s creation, these latter concerns at the moment are being debated.

Oddly enough, economics should not currently part of the equation. This is a noticeable flaw given the ways China uses geoeconomics to advertise its interests.

The Quad re-emerged on the international stage greater than half a decade ago. It quickly went through all the gears, becoming a “leader-led” group, with the attendant media attention and a dramatically expanded policy scope. Despite its impressive statements and long list of work priorities, the reality is that the group has achieved little in terms of concrete cooperation.

As an exercise in diplomatic signaling it was remarkable, and in international affairs symbols matter, but only up to a degree. The achievement of practical cooperation was limited, as was its impact on the regional strategic balance.

Although grouping is clearly a priority, countries are still not particularly well-prepared to work as a quad. This is a function of basic experience in addition to bureaucratic constraints. With time and investment we will expect improvements, but it can be crucial to notice that this has not happened thus far.

If Quad members want their cooperation to be, as a recent article put it, Ministerial Statement “provide concrete benefits and act as a force for good,” then the group must engage in actual political cooperation.

Another major challenge is ensuring that the 4 countries align their interests in the future. All have concerns about China’s growing influence, but beyond that there are some serious challenges in keeping the group together. This is most blatant in relation to Russia, where India’s approach to Moscow is at odds with that of the other three. And their divergent approaches to their economies also make cooperation on this front extremely difficult.

When the leaders gather in Delaware, expect rather a lot of platitudes about the departing American and Japanese leaders, in addition to a fair more elaborate set of agendas to work on. There will be plenty of oblique references to the China challenge and lofty rhetoric. But until the Quad gets going, its ability to exert influence beyond optics will be limited.

This article was originally published on : theconversation.com
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