A top EU diplomat has emphasized that all parties to the Rome Statute are bound by the decisions of the International Criminal Court (ICC). The EU foreign policy chief, Josep Borrell, stated that if the ICC issues arrest warrants for top Israeli officials over alleged war crimes in Gaza, all EU member states will be legally obligated to comply.
ICC Chief Prosecutor Karim Khan has applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim al-Masri, and Ismail Haniyeh for “war crimes and crimes against humanity.” While the EU has taken note of this move, Borrell stressed the independence of the ICC in prosecuting serious international crimes and the obligation of all states that have ratified the ICC statutes to execute the Court’s decisions.
Israel is not a member of the ICC and does not acknowledge its jurisdiction, but the State of Palestine joined in 2015. With 124 countries, including all EU member states, having ratified the Rome Statute, the potential arrest warrants could hinder the travel of Netanyahu and Gallant if issued.