What happens if the ICC issues an arrest warrant for Netanyahu?

Israeli prime minister Benjamin Netanyahu and Defense Minister Yoav Gallant during a press conference in the Kirya military base in Tel Aviv , Israel , 28 October 2023.
Israeli prime minister Benjamin Netanyahu and Defense Minister Yoav Gallant during a press conference in the Kirya military base in Tel Aviv , Israel , 28 October 2023.
Abir Sultan/Reuters

The International Criminal Court’s prosecutor, Karim Khan, on Monday announced that he’s seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as Hamas leaders over allegations of war crimes on and since Oct. 7.

Israel’s top diplomat called the decision a “disgrace.”

This marks the first time the court has targeted the leader of a top US ally. President Joe Biden on Monday condemned the ICC’s move against Bibi as “outrageous,” even as his administration increasingly decries Israel’s conduct in the Gaza war.

Neither the US nor Israel recognize the court’s jurisdiction, though last year Biden said an ICC arrest warrant for Russian President Vladimir Putin was “justified.”

What’s next? A three-judge panel will decide whether to issue the warrants. If this happens, it would further isolate Israel on the global stage, but Netanyahu would not face immediate arrest because the ICC has no police force.

Still, an arrest warrant could severely limit Netanyahu’s ability to travel. The ICC’s 124 member states, including every EU country, would be obligated to arrest him. Putin canceled a trip to South Africa last year after the ICC issued his arrest warrant. Hamas leaders, already considered terrorists by the West, would face similar obstacles.

Meanwhile, even just the prospect of ICC warrants for Israeli leaders has already seen Republican lawmakers in Washington threaten Khan with sanctions.

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