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As the International Criminal Court (ICC) prepares to consider arrest warrants for Israeli and Hamas leaders, lawyers on both sides are gearing up for a significant legal battle. The prosecutor, Karim Khan, has sought arrest warrants for several high-profile figures, including Israeli Prime Minister Benjamin Netanyahu and Hamas leaders, in connection with alleged war crimes in Gaza. However, lawyers are set to present a vast array of legal arguments to undermine the case.
Pro-Israeli advocates plan to argue that the ICC cannot prosecute Netanyahu or other Israeli officials due to the 1995 Oslo II accords, which they claim grant Israel exclusive criminal jurisdiction over its citizens. They will contend that the Oslo Accords, which were intended to establish a framework for peace, preclude the ICC from intervening.
On the other hand, pro-Palestinian lawyers argue that the Oslo Accords have been effectively nullified and that international law supersedes these agreements. They stress that the ICC should proceed with its investigations despite the legal challenges. They also point to a recent International Court of Justice (ICJ) opinion, which criticized Israel’s actions but did not directly impact the ICC’s jurisdiction.
The ICC’s decision-making process is further complicated by the involvement of numerous states and organizations that have submitted amicus curiae briefs. This influx of submissions, which critics argue could delay proceedings, includes interventions from countries such as the US, Germany, and South Africa, as well as advocacy groups and legal experts.
The legal challenges come amidst ongoing conflict in Gaza and tensions between Israel and Lebanon. Hezbollah has escalated its rhetoric against Israel following recent high-profile assassinations, further intensifying the regional crisis.
The ICC has set an August 6 deadline for submissions, and a three-judge panel will ultimately decide whether the case against Israeli and Hamas leaders will proceed. The outcome of this legal skirmish could significantly impact the ICC’s role and effectiveness in addressing international war crimes.