EU Members Will Have To Arrest Netanyahu After ICC Warrant: Borrell

Will Israel eventually come up with its own Hague Invasion Act? 

EU foreign policy chief Josep Borrell on Tuesday commented on the International Criminal Court (ICC) issuing arrest warrants for top Israeli officials over alleged war crimes in Gaza. He stressed in the statement that all European Union member countries will be legally required to oblige.

He explained that if Israeli Prime Minister Benjamin Netanyahu or Defense Minister Yoav Gallant travel to a European country, they would face arrest. 

He said the same for those Hamas leaders listed alongside Netanyahu: "I take note of the decision of the ICC Prosecutor to apply for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court (ICC) against Yahya Sinwar, Mohammed Deif, Ismail Haniyeh, Benjamin Netanyahu and Yoav Gallant," Borrell sated.

"The mandate of the ICC, as an independent international institution, is to prosecute the most serious crimes under international law," Borrell wrote on X. He emphasized "All States that have ratified the ICC statutes are bound to execute the Court’s decisions." He said the EU has taken "note" of the world court's action.

With the exception of Ukraine and Turkey, all of Europe is a signatory to the Rome Statue, requiring them to apprehend those individuals 'wanted' by the ICC.

The ICC has described:

The ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.

This could impact Israeli leaders' travel to certain places in the world. It most certainly creates diplomatic pressure to not do so in the case of destination countries which are required to make an arrest under the Rome Statute.

The White House has said that it 'rejects' the ICC's decision, while Israeli leaders have continued to rage, even calling the court's decision 'antisemitic'.

The ICC's investigation actually goes all the way back to the 2014 Israel-Hamas war. But also following Oct.7 and Israel's invasion of Gaza, South Africa brought a fresh war crimes case - which has gained the support of countries like Turkey, but especially a number of countries of the Global South.

The Hague-based court in March 2023 issued an arrested warrant for Russian President Vladimir Putin over the Ukraine war, so this means that ironically Netanyahu is now a "wanted" man right alongside Putin.