Prime Minister Benjamin Netanyahu decided Wednesday to notify the International Criminal Court (ICC) in The Hague that Israel will appeal arrest warrants issued against him and former defense minister Yoav Gallant for alleged war crimes. The decision came just hours before the deadline to appeal expired.
The appeal, which will not suspend the warrants, challenges the ICC's findings before its appellate chamber.
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Prime Minister Benjamin Netanyahu and Yoav Gallant
(Photo: Haim Goldberg / Flash90, Piroschka van de Wouw / Reuters)
Legal experts advising Netanyahu argued that Israel has a strong case, citing flaws in the court’s decision.
However, some ministers and officials opposed the move, advocating instead to ignore the ICC, deny its authority and rely on anticipated sanctions by U.S. President-elect Donald Trump’s administration to pressure the court into retracting the warrants, thus "teaching the court a lesson."
"The Americans are planning hellish sanctions against any country aiding the court and that will be the end of it," a senior Israeli official said. “We shouldn't beg a body we have no trust in," he added despite some indicating Israel could manage the situation if an inquiry committee is established.
Netanyahu convened with advisors on Tuesday to weigh options, delaying the decision until Wednesday.
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Meanwhile, comments by French Foreign Minister Jean-Noel Barrot fueled speculation about the international response. Asked whether Netanyahu could be arrested in France under the warrants, Barrot said questions of immunity for certain leaders would be reviewed by judicial authorities.
Barrot told the France Info news site that "France is deeply committed to international justice and will act in accordance with international law based on its obligations to cooperate with the International Criminal Court," stressing that the court's law "addresses questions of immunity for certain leaders, which is ultimately subject to judicial authority."
"I predict the court will ultimately back down due to the unprecedented pressure that will be exerted on it,” an Israeli official familiar with the details said last week. “They’ve never encountered anything like this. They’ll be begging us to give them a way out. After learning a lesson that will knock them down a peg, we might consider helping them climb down from their tree."