Oliver Towfigh Nia
21 May 2024•Update: 21 May 2024
BERLIN
Germany said on Tuesday that the International Criminal Court (ICC)'s arrest warrant request for Israeli Prime Minister Benjamin Netanyahu is "serious" and must be proven.
“The Federal Government has always emphasized that Israel has the right to defend itself against the murderous attacks of Hamas in accordance with international law,” an unnamed government spokesperson told the Bild newspaper ahead of Wednesday's publication, which was quoted by German Press-Agency dpa.
“Against this background, the chief prosecutor's allegations are serious and must be substantiated. Germany assumes that the fact that Israel is a democratic constitutional state with a strong, independent judiciary is taken into account," the official added.
On Monday, Germany said it “respects the independence and procedures” of the ICC while also expressing some concerns.
Highlighting that the ICC’s pretrial chamber must now decide on the chief prosecutor's applications for the issuance of arrest warrants, the German Foreign Ministry said: “The court will have to answer a number of difficult questions, including the question of its jurisdiction and the complementarity of investigations between constitutional states affected, such as Israel.”
“The simultaneous application for arrest warrants against Hamas leaders on the one hand and two Israeli officials (Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant) on the other has created the incorrect impression of equivalency,” it added.
Germany remains one of Israel’s strongest supporters of its military offensive in Gaza despite growing public pressure. Chancellor Olaf Scholz has repeatedly said Germany bears a special responsibility for Israel due to its Nazi history.
Berlin has been accused of being complicit in genocide by many prominent figures, including politicians and academics, as well as rights groups.
In March, Nicaragua filed a case at the International Court of Justice (ICJ) against Germany, accusing it of facilitating genocide against Palestinians in Gaza by providing Israel with political and military support.
It requested the court to impose emergency measures, ordering Germany to stop providing Israel with arms and other assistance and resume funding for the UN agency for Palestinian refugees (UNRWA).
In April, the ICJ rejected the case, though it expressed concern over the “catastrophic living conditions in Gaza."
On Monday, ICC Prosecutor Karim Khan said he has reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility for "war crimes and crimes against humanity” committed on Palestinian territories, specifically in the Gaza Strip, from at least Oct. 8 last year.
Khan added that they have also applied for arrest warrants for three Hamas leaders, including Ismail Haniyeh, Yahya Sinwar and Mohammed Deif, for "war crimes and crimes against humanity" committed in Israel and the Gaza Strip "from at least 7 October 2023."
In February, Israel’s parliament, the Knesset, sought but failed to sack one of its members, Ofer Cassif, for supporting South Africa’s genocide lawsuit against Israel at the ICJ.
Israel has continued its brutal offensive on the Gaza Strip despite a UN Security Council resolution demanding an immediate cease-fire in the enclave.
More than 35,500 Palestinians have since been killed, the vast majority of whom have been women and children, and over 79,600 others injured since last October following a cross-border attack by the Palestinian group Hamas.
More than seven months into the Israeli war, vast swathes of Gaza lay in ruins amid a crippling blockade of food, clean water and medicine.
Israel stands accused of genocide at the ICJ, which has ordered it to ensure that its forces do not commit acts of genocide and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.
