ICC arrest warrants shock Netanyahu, but some say he will benefit

International Criminal Court (ICC) prosecutor Karim Khan's application to arrest Israeli Prime Minister Netanyahu, Defence Minister Gallant and Hamas chiefs in the name of war crimes and crimes against humanity have shaken Israel, raising concerns about severe repercussions for its international standing.

The application for warrants is considered historic in that it brings charges against a head of state who is supported by Western nations. All eyes were on Europe’s response as staunch supporters of the ICC.

Responses rush in

Many of Israel’s Western allies rushed to condemn the apparent equation between Israel’s democratically elected officials and the Palestinian terror group, but France said it supported the ICC, "its independence and the fight against impunity in every situation". It later clarified that the "simultaneous requests for arrest warrants should not create an equivalence between Hamas and Israel".

Norway became the first European country to publicly announce that it will arrest Netanyahu and Gallant if a warrant is ultimately issued by the Hague Tribunal and they land on its territory. At the other end of the spectrum, the Biden administration said it is willing to work with Congress to potentially impose sanctions against ICC officials over the prosecutor’s request.

In Australia, the response was more cautious with Prime Minister Albanese telling reporters on Tuesday he would not comment on "court processes globally [to] which Australia is not a party". DFAT outlined the government’s formal position, saying it "notes" Khan’s request and Australia "respects the ICC and the important role it has in upholding international law".

DFAT reiterated the general principle, like France, that "there is no equivalence between Israel and Hamas" and renewed calls for the immediate release of hostages. It added: "Any country under attack by Hamas would defend itself. And in defending itself, every country is bound by the same fundamental rules. Israel must comply with international humanitarian law".