Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

1 / 3
Combo image showing Palestinians reeling from the impact of the Israeli bombardment of their homes in Rafah, in the southern Gaza Strip, on May 28, 2024, as the Netanyahu government ignored pleas by the UN and Israel's own allies not to invade the enclave to spare civilians of more sufferings. (REUTERS photos)
2 / 3
3 / 3
=Israeli soldiers gather near the border with the Gaza Strip in Israel after their return from the Gaza Strip on December 31, 2023. (AFP)
Short Url
Updated 30 May 2024
Follow

Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

  • International Criminal Court chief prosecutor Karim Khan hopes to bring senior Israeli and Hamas leaders to trial
  • Some experts think the move is intended to nudge the warring parties toward a hostage deal and a ceasefire

LONDON: By applying for arrest warrants for senior Israeli ministers and Hamas commanders, Karim Khan, prosecutor at the International Criminal Court, has thrust the court itself into the spotlight, raising questions about the move’s likelihood of success and timing.

Calling it “totally absurd” and “a travesty of justice,” Israel’s Prime Minister Benjamin Netanyahu slammed Khan’s decision to seek arrest warrants against him and Defense Minister Yoav Gallant, together with several Hamas commanders, for war crimes.




A protester shows a sign bearing portraits of Israeli Prime Minister Benjamin Netanyahu transformed to Nazi Germany's leader Adolf Hitler during a demonstration called by French organization "France Palestine Solidarite" in Paris, on May 27, 2024. (AFP)

For his part, Gallant labeled the proposed warrants against him and his prime minister as “disgraceful,” claiming that it was motivated by a desire to reverse the foundation of the state of Israel.

Considering the scant likelihood in this case of an ICC arrest warrant being acted upon — a move Hassan Imran, a senior legal adviser at human rights organization Law for Palestine, told Arab News would be “precedent-making” — it raises the question: What is motivating Khan?




Exterior view of the International Criminal Court in The Hague, Netherlands, on April 30, 2024.  (AP/File) 

Julie Norman, a senior associate fellow at the London-based Royal United Services Institute, believes the proposed arrest warrants could be intended to nudge the warring parties toward a deal.

“Supporters of the move are hoping the charges will add pressure for both sides to end the conflict, for Hamas to release the hostages, and for Israel to increase access to humanitarian aid in Gaza,” said Norman.

Although some have said the ICC’s action would complicate any ceasefire negotiations, Mark Kersten, assistant professor of criminal justice and criminology at Canada’s University of the Fraser Valley, told a Middle Eastern news outlet that “complicated” did not necessarily equate to “worse” negotiations.

FASTFACTS

• The International Criminal Court is an intergovernmental organization and tribunal seat in The Hague, Netherlands.

• The ICC is distinct from the International Court of Justice, a UN organ that hears disputes between states.

• The ICC was established in 2002 in a follow-up of the multilateral Rome Statute.

“Take Colombia, where the ICC had a decade-long preliminary examination,” he said. “Accountability processes negotiated during the peace process there translated into meaningful justice for many of the wartime atrocities committed by the government and the rebels.

“Moreover, for the ICC to undermine negotiations, there must be a realistic prospect of a peace process. If such negotiations do not exist, the claim that pursuing accountability will ruin them is likely a red herring — an argument intended to shield the perpetrators of atrocities.”




Palestinians gather at the site of an Israeli strike on a camp area housing internally displaced people in Rafah on May 27. (AFP)

Khan’s request has gone to the ICC’s pre-trial chamber, where it will now be down to the three sitting judges — Romania’s Iulia Motoc, Benin’s Reine Alapini-Gansou, and France’s Nicolas Guillou — to determine whether to take action or not.

After seven months of fact-finding, lawyers believe Khan’s case is strong: Netanyahu and Gallant have been accused of using starvation as a weapon of war, willfully causing suffering, willfully killing, intentionally attacking civilian populations, extermination and persecution.

Sergey Vasiliev, associate professor of law at the University of Amsterdam, told Turkiye’s Anadolu news agency that the ICC judges now have to decide whether there are reasonable grounds the accused committed the crimes and if an arrest, as opposed to a summons, is necessary.

“I expect the judges to grant the request. I assume the investigation has been conducted thoroughly over the past seven months, the evidence amply sufficient to meet the threshold and it to be a concise yet compelling legal narrative,” said Vasiliev. 




Judges of the committee of the International Criminal Court Committee are assembled at the ICC headquarters in The Hague, Netherlands. (ICC file photo)

Justifying his position, Vasiliev said the standard for “reasonable grounds” was not as demanding as the more onerous “substantial grounds to believe,” adding that applications for arrest warrants were not “generally expected to provide elaborate analysis of the evidence.”

As to the timeline, some commentators expect the judges will make their decision in the near future.

“I think it is a matter of days until we know if the arrest warrants will be issued and then all 124 states that are members of the court are obligated to take action on them,” Gershon Baskin, Middle East director at the International Communities Organization, told Arab News. 




Children enjoy the luxury of riding atop a vehicle as many other Palestinians travel on foot along with their belongings to flee Rafah on May 28, 2024 , due to an Israeli military operation on May 28, 2024. (REUTERS)

Given that the ICC neither carries out arrests nor tries people in absentia, the question then becomes one of enforcement. There has been little sign of Israel handing over its own people, with Gallant stressing “it is not a party and does not recognize its authority.”

Nor do Gallant and Netanyahu have to worry about the US turning them over to the ICC. Khan’s move has engendered a rare moment of concord across the aisle, with Republican Sen. Lindsey Graham pushing to censure the ICC.

Graham received a positive response from Secretary of State Antony Blinken after asking: “I want to take actions, not just words. Will you support a bipartisan effort to sanction the ICC — not only for the outrage against Israel but to protect, in the future, our own interests?”




US Senator Lindsey Graham (R-SC) gives a statement to the press during his visit in Tel Aviv, Israel, on May 29, 2024. (REUTERS)

Catching some off-guard, particularly given its vocal support for Israel and having echoed other European states in describing the ICC move as “deeply unhelpful,” Chancellor Olaf Scholz confirmed Germany would not defy an ICC arrest warrant were one to be issued.

On Monday, Israel’s Attorney General Gali Baharav-Miara said Israel’s legal system is actively investigating allegations of possible criminal misconduct during the war in Gaza and that Khan’s request for arrest warrants was therefore hasty and inappropriate. 

“The states that established the court saw it as a tool for dealing with situations where there is ‘no law and no judge.’ That is not our situation,” Baharav-Miara told a conference of the Israel Bar Association.

Opinion

This section contains relevant reference points, placed in (Opinion field)

“It would have been more correct for the prosecutor to wait until the internal state procedures were completed before making a decision. It would have been right to give the state of Israel a fair opportunity in this regard.”

Julia Roknifard, an assistant professor at the University of Nottingham’s School of Politics, History, and International Relations, says that in all likelihood, the ICC will not see a case actioned given the lack of jurisdiction it has over Israel itself.

“Netanyahu liked to travel to the US, but I don’t think he is welcome there now, and I don’t think he is in the mood right now to travel at all, so I think it is very unlikely that we would see an arrest were a warrant issued,” Roknifard told Arab News.

Echoing Roknifard, Baskin said it was highly unlikely that Gallant and Netanyahu would travel to any country in which they had any concern of being arrested and handed over to the ICC, describing warrants as “kind of a moot point.”

Roknifard does not believe Khan is pursuing warrants for mere symbolic reasons. “I wouldn’t read into the ICC motion more than it is supposed to be — to charge individuals with the crimes they have (allegedly) committed,” she said




International Criminal Court Prosecutor Karim Khan. (AFP)

Instead, like Imran, Roknifard touts the importance of the case brought by South Africa to the International Court of Justice, which last week ordered Israel to cease its offensive in Rafah — an order that Israel has ignored.

Commenting on Khan’s proposed arrest warrants, Imran said he saw it as less about a particular case and more about the future, or lack thereof, of the ICC.

“European states, I think, now have to make a choice between the institutions they have been supporting financially and their calls for a rules-based order modeled around international law and their support for Israel,” Imran told Arab News.

“We have seen many of them criticize the court in the wake of Khan’s announcement, and now we see some stating they will respect the decision, but it’s hard to tell what they will do were Netanyahu to actually travel to their territory with an arrest warrant out for him.

“Some will try and beat around the bush. But if they did not apply the decision, they would be essentially disowning this international institution and basically disintegrating the ICC and, if they do, that means they will have to change their policy goals.”
 

 


What AI-agents and blockchain in a ‘Post Web’ world means for tech-savvy Middle East

Updated 7 sec ago
Follow

What AI-agents and blockchain in a ‘Post Web’ world means for tech-savvy Middle East

  • Web3 redefined the internet with “read, write, own,” but Post Web takes it further, enabling users to “delegate” tasks through AI agents
  • Post Web shifts from attention-driven platforms to intention-based systems, with AI agents handling tasks autonomously

RIYADH: As blockchain and cryptocurrency drive the internet toward decentralization, the shift from Web 3.0 to Post Web is underway. And with a young, tech-savvy population and substantial investments in advanced technologies, the Middle East is poised for early adoption.

Building on this vision of a self-organizing, user-centered internet, Outlier Ventures, a London-based venture capital firm and accelerator specializing in Web3 and blockchain ecosystems, has announced the launch of its “Post Web Thesis.”

As predicted in Outlier Ventures’ 2016 “Convergence Thesis,” advancements in AI are merging with Web3 infrastructure to simplify the latter’s complexity.

Intuitive interfaces and automation now manage tasks like signing transactions, handling fees and bridging chains, making digital property rights and Web3 applications — or decentralized apps — more accessible and scalable through delegation.

“AI agents can now serve users by acting on their intent with a blend of deterministic precision and adaptive flexibility through hyper-contextual experiences,” Jamie Burke, Outlier Ventures CEO and founder, told Arab News.

“In essence, in the Post Web, users won’t just read, write and own — they will also have the ability to delegate.”

An AI agent, Burke says, is intelligent, autonomous software powered by AI to interpret intentions, gather context and execute tasks across decentralized networks, either independently or on behalf of users, with varying degrees of sovereignty.

Those agents will initially handle simple tasks, such as booking appointments, but can gain economic agency over time by interacting with distributed ledger technology such as blockchain, enabling users to perform tasks without a centralized authority.

Burke highlighted the Middle East and North Africa region as a prime candidate for early adoption of the Post Web, citing its young, tech-savvy population and significant investments in advanced technologies.

The region’s advantages could position it as a global hub for Post Web innovation and development, he said.

Opinion

This section contains relevant reference points, placed in (Opinion field)

Web3 defines the web’s “read-write-own” era. Its original goal was to create a decentralized internet using blockchain technology, giving users digital property rights and greater control over their data and assets.

Unlike Web 2.0’s reliance on centralized platforms, Web3, the latest evolution of the World Wide Web since Tim Berners-Lee’s creation in 1989, leverages blockchain technology to enable peer-to-peer interactions without intermediaries.

“Web3’s promise was to ‘unbundle’ the centralized platforms of the Web2 era, promoting greater control for users and peer-to-peer economic interactions,” Burke said.

“But a decade on we can see that mass adoption of its applications just isn’t going to be possible in its current form because, whilst it was a functional upgrade to the internet, Web3 ultimately still isn’t usable for the majority of the people.”

This sets the stage for the “Post Web Thesis,” which examines how the convergence of Web3 and AI could transform the internet.

Rather than operating within the constraints of the “attention economy,” this new paradigm envisions a shift toward an “intention economy” — one where user purpose and goals drive engagement and value creation.

“This shift will reimagine the web, moving from today’s human-centered interactions to a world where machines and autonomous agents act on our behalf through intent-based architectures,” said Burke.

This means that, in the near future, much of the consumer internet could be outsourced to intelligent agents that bypass search engines, price comparison websites and applications, instead accessing application programming interfaces and other agents directly to find information and compare services.

The Post Web’s intention economy seeks to prioritize users’ needs by seamlessly aligning their goals with counterparties through contextual, dynamic interfaces. This approach enables more valuable interactions while minimizing waste and reducing exploitation.

“This marks a profound shift toward an internet that organizes itself around solving real user needs, rather than mindlessly harvesting attention,” Burke said.

“We still believe that humans will interact with the web, but rather than spending hours searching for the best insurance for example or flights for a holiday, time will be spent with much more enriching engagements that people enjoy doing social, gaming and immersive shopping.”

And as AI agents handle most transactional activities and routine tasks in the background, the traditional web will largely fade away, making room for the “Thin Web.”

Inspired by Maslow’s hierarchy of needs, this streamlined web offers varying levels of immersion based on users’ personal and environmental contexts.

A simple example of how the Post Web will transform online experiences is booking a family holiday.

Traditional websites are often cluttered with ads for packages that do not fully meet a family’s needs, forcing users to make rushed or suboptimal decisions. Search engines, driven by optimization practices, frequently prioritize results based on rankings rather than quality.

“Paid advertisements and manipulation of organic rankings through search optimization often overwhelm users,” Burke said.

“While price comparison websites may seem like an alternative, these platforms also complicate matters. They typically prioritize results based on auction placements, and comparisons are rarely like-for-like.”

If a user is purchasing holiday insurance for a family with diverse ages and interests, a basic plan might not cover an advanced scuba diver, a beginner and another child who prefers surfing.

The more multidimensional and diverse the trip, the more complex and time-consuming the planning becomes.

In an intention economy, an AI agent compares policies across multiple dimensions, such as payout structures, activity-specific coverage and unique risk factors, Burke said.

“For example, they could recommend a product tailored to a family with an experienced scuba diver and novice scuba diver, factoring in skill level, diving conditions based on weather reports, and other nuances to ensure optimal coverage.”

In terms of cost-effectiveness, Burke says the Post Web eliminates inefficiencies in the consumer internet and “software as a service” sectors. It removes unnecessary intermediaries and aligns outcomes with user needs, resulting in faster, cheaper and better solutions.

DID YOUKNOW?

• In Outlier Ventures’ Post Web era, AI-driven agents will render search obsolete by acting directly on intent.

• The convergence of AI and blockchain will enable the agentic internet, where machines autonomously transact and collaborate.

• AI and Web3 could push organizations toward superfluidity, reducing friction and linking ideas and resources to fuel growth.

By enabling sellers to reach users without relying on interruptive advertising, it reduces costs for both buyers and sellers.

AI agents optimize the technology stack — compute, storage and networking — and replace inefficient centralized cloud systems. This benefits users and sellers but is a major loss for platforms profiting from the attention economy.

In addition to being a more cost-effective solution, the Post Web will lead to what Burke calls a “Supercycle.”

Burke believes these technologies will drive widespread adoption, bringing billions of users and real-world assets on-chain. This presents a valuable investment opportunity in digital assets, which will become crucial for powering the internet and its virtual supply chains.

Since these assets will reflect real-world supply and demand, they can be analyzed like traditional commodities, paving the way for billions in institutional and retail investments through exchange-traded funds and stock market indexes.

“It’s important to see the transition into the Post Web as a vision that will evolve and adapt over time,” he said.

“Web3 was first introduced 10 years ago and while we are sharing our vision for the Post Web now, we see this as an evolution that will evolve over the next 10 years.

“During this time the web as we know it will continue to evolve as AI agents manage more and more tasks on users’ behalf, and the most relevant technologies will converge into the Post Web, but others will become obsolete such as the app store and search.”
 

 


EU medical aid crosses into Syria from Turkiye

Updated 09 January 2025
Follow

EU medical aid crosses into Syria from Turkiye

ISTANBUL: Some 55 tonnes of EU-funded medical supplies entered northwestern Syria from Turkiye on Thursday, a UN health official said.
Part of an EU air bridge to Syria, the supplies crossed Turkiye’s southern Cilvegozu border post and were taken to a warehouse in the northwestern city of Idlib, Mrinalini Santhanam of the World Health Organization said.
“There’s one more air bridge, and it is planned for February,” she said, adding that it was “still in the planning stages” with talks “to determine the volume and the scale.”
The supplies, distributed to Idlib and the Aleppo region health care centers, are part of an EU humanitarian bridge announced by Brussels on Dec. 13.
The aim is to support Syria’s battered healthcare system following the ouster of Bashar Assad on Dec. 8.
Included in the shipment were 8,000 emergency surgical kits, anesthetic supplies, IV fluids, sterilization materials, and medications to prevent disease outbreaks, the WHO said.
The civil war, which broke out in 2011, devastated Syria’s health care system, with “almost half of the hospitals (there) not functional,” WHO planning analyst Lorenzo Dal Monte said in late December.
He said the 50-tonne shipment from Dubai included “mainly trauma and surgical kits.”
Another five tonnes of supplies were brought in from another stockpile in Demark, including emergency health kits as well as winter clothing and water purification tablets, the WHO said.


Polish government to protect Israel's Netanyahu from arrest if he attends Auschwitz event

Updated 10 January 2025
Follow

Polish government to protect Israel's Netanyahu from arrest if he attends Auschwitz event

  • It remains unclear if Netanyahu wanted to attend the event
  • The Polish government vowed to ensure the safe participation of Israeli representatives

WARSAW: The Polish government adopted a resolution on Thursday vowing to ensure the free and safe participation of the highest representatives of Israel — including Prime Minister Benjamin Netanyahu — who choose to attend commemorations for the 80th anniversary of the liberation of Auschwitz-Birkenau later in January.
Netanyahu became an internationally wanted suspect last year after the International Criminal Court (ICC), the world’s top war crimes court, issued an arrest warrant for him in connection with the war in the Gaza Strip, accusing him of crimes against humanity over the death of more than 45,000 Palestinians, the majority of them women and children, since October 2023.
“The Polish government treats the safe participation of the leaders of Israel in the commemorations on January 27, 2025, as part of paying tribute to the Jewish nation,” read the resolution published by the office of Prime Minister Donald Tusk.

The government published the statement after Polish President Andrzej Duda asked Tusk to ensure that Netanyahu can attend without the risk of being arrested.
There had been reports suggesting that the ICC arrest warrant could prevent Netanyahu from traveling to Poland to attend observances marking the anniversary of the liberation in 1945 of the Auschwitz-Birkenau death camp by Soviet forces on Jan. 27.
Member countries of the ICC, such as Poland, are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce that. Israel is not a member of the ICC and disputes its jurisdiction.
The court has more than 120 member states, though some countries, including France, have already said they would not arrest Netanyahu.

Hungarian Prime Minister Viktor Orbán even said he would defy the warrant by inviting him to Hungary.
It was not even clear if Netanyahu wanted to attend the event. The Polish Foreign Ministry said earlier Thursday that it has not received any information indicating that Netanyahu will attend the event.


US, French troops could secure Syria’s northern border, Syrian Kurdish official says

Updated 09 January 2025
Follow

US, French troops could secure Syria’s northern border, Syrian Kurdish official says

  • Turkiye regards the YPG, which spearheads the US-allied Syrian Democratic Forces (SDF), as a terrorist group linked to Kurdish PKK militants
  • Ilham Ahmed: ‘We ask the French to send troops to this border to secure the demilitarised zone, to help us protect the region and establish good relations with Turkiye’

PARIS: Talks are taking place on whether US and French troops could secure a border zone in northern Syria as part of efforts to defuse conflict between Turkiye and Western-backed Kurdish Syrian forces, a senior Syrian Kurdish official said.
Ankara has warned that it will carry out a cross-border offensive into northeastern Syria against the Kurdish YPG militia if the group does not meet Turkish demands.
Turkiye regards the YPG, which spearheads the US-allied Syrian Democratic Forces (SDF), as a terrorist group linked to Kurdish PKK militants who for 40 years have waged an insurgency against the Turkish state.
The SDF played an important role in defeating Daesh in Syria in 2014-17. The group still guards Daesh fighters in prison camps there, but has been on the back foot since rebels ousted Syrian President Bashar Assad on Dec. 8.
French President Emmanuel Macron said earlier this week that Paris would not abandon the SDF, which was one among a myriad of opposition forces during Syria’s 13-year-long civil war.
“The United States and France could indeed secure the entire border. We are ready for this military coalition to assume this responsibility,” Ilham Ahmed, co-chair of foreign affairs for the Kurdish administration in northern territory outside central Syrian government control, was quoted as saying by TV5 Monde.
“We ask the French to send troops to this border to secure the demilitarised zone, to help us protect the region and establish good relations with Turkiye.”
Neither France nor Turkiye’s foreign ministries immediately responded to requests for comment. The US State Department was not immediately available for comment.
It is unclear how receptive Turkiye would be to such an initiative, given Ankara has worked for years to secure its border against threats coming from Syria, and has vowed to destroy the YPG.
“As soon as France has convinced Turkiye to accept its presence on the border, then we can start the peace process,” Ahmed said. “We hope that everything will be settled in the coming weeks.”
A source familiar with the matter said such talks were going on, but declined to say how advanced or realistic they were.

Washington has been brokering ceasefire efforts between Turkish-backed groups and the SDF after fighting that broke out as rebel groups advanced on Damascus and overthrew Assad.
Addressing a news conference in Paris alongside outgoing US Secretary of State Antony Blinken, French Foreign Minister Jean-Noel Barrot hinted that there were talks on the issue.
“The Syrian Kurds must find their place in this political transition. We owe it to them because they were our brothers in arms against Islamic State,” Barrot said.
“We will continue our efforts ... to ensure that Turkiye’s legitimate security concerns can be guaranteed, but also the security interests of (Syria’s) Kurds and their full rights to take part in the construction in the future of their country.”
Blinken said it was vital to ensure that the SDF forces continued the job of guarding more than 10,000 detained Daesh militants as this was a legitimate security interest for both the US and Turkiye.
“We have been working very closely with our ally ... Turkiye to navigate this transition ... It’s a process that will take some time,” Blinken said.
The US has about 2,000 troops in Syria who have been working with the SDF to prevent a resurgence of Daesh.
A French official said France still has dozens of special forces on the ground dating from its earlier support of the SDF, when Paris provided weapons and training.


Macron to head to Lebanon after election of new president

French President Emmanuel Macron and newly elected Lebanese President Joseph Aoun. (AFP)
Updated 09 January 2025
Follow

Macron to head to Lebanon after election of new president

  • France “will continue to be at the side of Lebanon and its people,” Macron told Aoun in a telephone call
  • France administered Lebanon for two decades after World War I and has maintained close ties even since its independence in 1944

PARIS: French President Emmanuel Macron on Thursday welcomed the “crucial election” by Lebanese lawmakers of army chief Joseph Aoun as president and said he would soon visit the country.
Macron spoke with the general hours after Aoun was announced as the leader to end a two-year vacuum in the country’s top post.
France “will continue to be at the side of Lebanon and its people,” Macron told Aoun in a telephone call, the French presidency said in a statement. Macron said he would go to Lebanon “very soon.”
“Congratulations to President Joseph Aoun on this crucial election,” Macron wrote on X earlier.
“It paves the way for reform and the restoration of Lebanon’s sovereignty and prosperity,” he added.
Aoun must oversee a ceasefire in south Lebanon and name a prime minister able to lead reforms demanded by international creditors to save the country from a severe economic crisis.
“The head of state indicated to President Aoun that France would support his efforts to quickly complete the formation of a government capable of uniting the Lebanese, answering their aspirations and their needs, and carrying out the reforms necessary for the economic recovery, reconstruction, security and sovereignty of Lebanon,” said the statement released after the telephone talks.
Macron also vowed support for the “national dialogue” that Aoun said he will launch and called on all groups to “contribute to the success of his mission,” the statement said.
France administered Lebanon for two decades after World War I and has maintained close ties even since its independence in 1944.