Could Netanyahu really face trial?

Could Israeli Prime Minister Benjamin Netanyahu really face trial for war crimes at the International Criminal Court (ICC)? On November 21, 2024, the ICC issued an arrest warrant against Netanyahu, citing alleged war crimes and crimes against humanity related to Gaza, including using starvation as a weapon and targeting civilians. This unprecedented move has sparked global debate. While some countries, especially in the Muslim world, welcomed the decision, Israel, the United States, and other allies strongly rejected it, accusing the ICC of overreach and political bias. The controversy highlights the ICC's contentious history, its mandate under the Rome Statute, and the challenges of enforcing its rulings against powerful leaders.

Despite its symbolic significance, Netanyahu’s prosecution seems improbable. Israel isn’t a member of the ICC, denies its jurisdiction, and has no intention of cooperating. Though ICC member states are obligated to enforce arrest warrants, political concerns may deter them. Netanyahu could face restricted international travel, similar to other high-profile ICC targets. The case underlines the ICC’s growing willingness to confront Western-aligned leaders but also deepens divisions over its legitimacy. This video examines the legal, political, and historical dimensions of this pivotal moment for international justice.

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*VIDEO CHAPTERS*
00:00 Introduction and Titles
00:46 The First War Crimes Trials
02:26 The Nuremberg and Tokyo War Crimes Trials
03:31 War Crimes Trials in Yugoslavia (ICTY) and Rwanda (ICTR)
04:56 The Creation of the International Criminal Court (ICC)
06:16 The ICC since 2002
07:13 The Case against Benjamin Netanyahu
07:55 International Reactions to the Netanyahu Arrest Warrant
10:36 Will Netanyahu ever face trial?

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#Israel #Netanyahu #ICC

[JamesKerLindsay]

The ICC's decision to issue an arrest warrant against Israeli Prime Minister Benjamin Netanyahu has certainly attracted a lot of attention. It's also put a lot of countries in a challenging position. But do you think that he will ever be brought to trial? Is this the end of any visits to Europe (or almost anywhere else)? Or do you think this is little more than a dangerous political stunt that calls international justice into question? Let me know your thoughts and comments below.

[hplarsen]

It may be time to consider whether the leaders accountable for the large-scale invasion of Iraq in 2003 should stand trial.

[electricVGC]

"Put countries in Europe in a tough spot" is a very coded way to say "France declared it will violate international law"

[WorldTravelerCooking]

If France doesn't have to arrest Netanyahu, then South Africa doesn't have to arrest Putin, I think. Of course I don't think France sees it that way based on other statements, I think this highlights the danger that international law becomes a hegemonic "rule by law" rather than a mutually protective "rule of law."

[HamzaPKR]

What the Ukraine and Gaza wars have shown unfortunately is that international law is dead and we have returned to the era of might is right

The precedent was set already by Bush in Iraq. What we are seeing is the normalization of this trend

[brianmaluleka]

This adds validity to the double standards that 3rd world countries face when it comes to international law

[markomilojevic]

It’s a shame for US and some members of EU even to discuss this.

Countries on Balkan were forced for years to cooperate with ICC by those same countries. Does anyone think we liked it? Does anyone think we thought it was fair? That ICC only prosecuted our kin?

But we sent our presidents and generals. Who was innocent, they returned back, but war criminals remained in prison to pay their crimes.

[TheShanewalsh]

Focused and comprehensive. Worth gold. Thanks James.

[henrysiddoway]

Always such thoughtful and educated videos. Enjoy the history at the start of each video which helps contextualise what we see happening now.

[ivtch]

This is mud that will stick to Netanyahu & the Israeli state despite their bravado. It is a humiliation. He is the first so-called Western leader to be tarred as such.
I think signatory countries who are ambivalent will ask him not to visit so both sides will save face.

[WorldTravelerCooking]

I think regarding whether to issue the arrest warrant was the right thing to do for the court, I think there is no question. After the Putin warrant, most of the world had serious concerns about the court's neutrality and whether the court would be primarily a cudgel of Western hegemony. This decision affirms the court's geopolitical independence to some extent (though the delay in issuing the warrant still leaves that concern intact). This decision should have been made a long time ago in order to regain legitimacy by the court.

This being said, it now risks creating a situation where warrants are widely ignored by parties to the Rome Statute but at the moment this looks like it is the doing of France and similar countries rather than the court itself.

[AchyutChaudhary]

*Answer:* just like the trial of Russia’s President Vladimir Putin.

[jasmikko]

ICC did its part. now it's up to the signatory governments to enforce it.

[DuckDudgers]

Professor Ker-Lindsay going through controversial topics at lightspeed.

[FairyCRat]

French here, Macron backtracking on the decision probably has to do with the ceasefire agreement between Israel and Lebanon.

[yahyaabdi]

It doesn't matter what we say. Innocent people people are dying and children there's only one life and if it's gone isn't a bit coming back we shouldn't condone the war

[zloinaopako]

France’s decision not to enforce the arrest warrant because Israel is not a signatory to the Rome Statute is a perfect example of the French double standards. When Milošević was indicted by the UN established ICTY, the Federal Republic of Yugoslavia, whose head of state he de facto was at the time, was not a member of the UN. Yet, he was arrested and extradited to The Hague. France should have objected to that arrest based on the logic they now use to avoid confrontation with Israel and the US. There are always “special cases’ in the international politics which will inevitably lead to unwanted consequences just like the recognition of Kosovo’s declaration of independence by the West, France included, has led to Putin’s use of that precedent for justification of the land grab in Ukraine and Georgia with likely more cases to come in the near future. The French decision today will erode any future arguments they might use when it comes to Putin’s arrest.

[Justin.]

Rescuing his citizens using one of the most advanced modern militaries from a bunch crazy lawless people is not a warcrime.

[Nohandleentered]

He’ll face trial the same way Putin will…not at all. The better question, in my opinion, is should he. And the answer, I believe, is yes.

[mishapurser]

I finally managed to buy your book on secession recently. It's a great read! I'm enjoying it and it's very informative.