Please correct me if I’m wrong but I believe war crimes are only enforced by ICC members and often only punish smaller countries. Unfortunately, USA and Israel are not members and none of the members are seemingly going to enforce it, so the law effectively doesn’t apply. Of course what they’re doing should be illegal but what is illegal if nobody does anything about it?
I wonder if officially convicting Netanyahu would be dangerous because then members have to enforce it and if they don’t it’ll diminish the legitimacy of the law.
Would be nice for the world to know that a major chunk of the world officially believes what he is doing is illegal.
Wdym? There is an official arrest warrant for him already. So far ICC member countries have just been silent to defiant when it comes to actually arresting him.
Hungary sadly has alrady been the first country to actually violate their obligations to the ICC. I assume others will follow like Germany.
During Netanyahu's visit, Orbán announced that Hungary would withdraw from the ICC. Per the Rome Statute, Hungary would need to formally notify the UN Secretary General. The withdrawal would become effective withdraw a year later. Hungary's obligation to arrest Netanyahu was unaffected by Orbán's announcement.[51]
On 3 April, the ICJP submitted a formal complaint to the Hungarian Minister of Justice stating that the Hungarian authorities were obliged to arrest Netanyahu in line with Hungarian obligations as a state party to the Rome Statute, under Article 86 of the Statute requiring it to cooperate with the ICC.
It is more that the countries that used to build what could have become a rules based international order are now tearing it down because they find genocide and horrendous crimes against humanity more attractive.
Hungary openly defying the ICC arrest warrant for Netanyahu. Germany toeing around it and the new chancellor already announcing he wants to defy it. France saying they would arrest him, but allow him to use their airspace. The US praising the ICC when it comes to arrest warrants against Putin, and then sanctioning people working there when it comes to Israel.
Pracitically all EU countries and the US acting contrary to the ICJ "advisory opinion" that the illegal occupation of the Westbank, East Jerusalem and Gaza must not be aided in any way, be it diplomatically, militarily, financially or economically.
I very much doubt Germany could grant Netanyahu immunity from arrest without withdrawing from the ICC, which is not going to happen. Just because Merz says he'd like to do something doesn't mean it's going to happen, he's running his mouth all the time.