Which Countries Can Arrest the Israeli Prime Minister ? Implications for Global Diplomacy

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes and crimes against humanity during the Gaza war between October 2023 and May 2024. The move has sparked international debate and potential legal and diplomatic challenges.

Under the Rome Statute, which established the ICC in 1998, the 124 member countries are legally bound to detain Netanyahu if he enters their jurisdiction. Nations such as Canada, Ireland, Italy, and the Netherlands have signaled their intent to uphold the court’s decision. However, the ICC’s reliance on voluntary compliance leaves enforcement uncertain.

Key allies of Israel, including the United Kingdom, Germany, France, and Hungary, are members of the ICC but are unlikely to act against Netanyahu. Political alliances and shared strategic interests with Israel complicate the prospect of execution of the warrant.

While some nations praise the ICC for taking action, critics argue the court is unlikely to achieve compliance,                                                         especially given the political complexities surrounding Israel and its global allies. Legal experts emphasize this case underscores the tension between international justice and realpolitik.

The ICC’s decision has added another layer of complexity to Middle Eastern geopolitics and international relations, leaving open questions about accountability and enforcement in global governance.

In addition to Netanyahu and Gallant, the ICC has issued a warrant for Mohammed Deif, Hamas’ military leader. Israel claims Deif was killed in an airstrike in July 2024, but Hamas has not confirmed his death.