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josep borrell
Why the EU Must Honor ICC Arrest Warrant for Benjamin Netanyahu
Ensuring the ICC has the ability to implement arrest warrants will require defending the court against external pressure and coercive measures—including from powerful governments like the United States
Nov 29, 2024
After the International Criminal Court (ICC) issued arrest warrants against Israeli leaders and a Hamas official on November 21, European Union foreign policy chief Josep Borrell immediately made clear that ICC “decisions are binding on all States party to the Rome Statute, which includes all EU Member States.” His response is a reminder of the EU and its member states’ firm policy of supporting the ICC, especially when it comes to enforcing arrest warrants.
Over the years, the EU and its member states have developed several policies and practices building on their obligations to the court to support arrests before the ICC. This includes EU governments affirming their obligation as ICC members to carry out ICC arrests within their borders and supporting other ICC member countries to uphold their obligations.
Despite this, Hungarian Prime Minister Viktor Orban has already invited Israeli Prime Minister Benjamin Netanyahu, who is subject to one of the warrants, to visit Hungary and said he will not enforce the arrest warrant. Some other EU countries have not explicitly committed to enforcing the warrant, despite confirming their support for the ICC. This deepens perceptions of double standards in support of justice before the ICC.
To ensure EU member countries stand firm for justice across all the ICC’s cases, we outline the EU’s obligations and policies as they relate to arrest strategies in a new briefing paper. Firm state support can yield progress. Russian President Vladimir Putin, wanted by the ICC on allegations of serious crimes in Ukraine, recently stayed away from the G-20 summit in Brazil, an ICC member. But challenges for ICC arrests will likely remain. While Putin did not go to Brazil, he did visit Mongolia, also an ICC country, without facing arrest. This was rightfully challenged by the EU and before the court’s judges.
Each of the court’s pending warrants poses specific challenges, and failure to execute them breeds a climate of impunity. Recent attempts to undermine the ICC, including by Israel and Russia, and threats of sanctions by US lawmakers risk undoing investments by the EU and its member states in the court.
Ensuring the ICC has the ability to implement arrest warrants will require defending the court against external pressure and coercive measures. That means that right now EU support for arrests should include preparedness to adopt measures to protect the court from possible US sanctions.
The stakes are high, but when the EU takes a prominent role in supporting the court in partnership with justice-supporting governments globally, it can positively impact even the most difficult circumstances.
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Fears of 'Imminent Catastrophe' Mount as Hezbollah Hits Back Amid Israeli Airstrikes
"It cannot be overstated enough: There is NO military solution that will make either side safer," said one U.N. official.
Sep 22, 2024
Fears of an all-out Middle East war mounted Sunday as Hezbollah fired more than 100 rockets into Israel, whose military continued bombing targets in southern Lebanon while moving troops, tanks, and other equipment toward the northern border.
During a Sunday funeral speech for three members killed in Israeli airstrikes, Hezbollah Deputy Secretary-General Naim Qassem declared an "open-ended battle" with Israel was underway. Hezbollah is reeling from last week's unprecedented surprise attack on communication devices that killed dozens of people and wounded thousands more, as well as Israeli airstrikes on Beirut suburbs that have slain dozens of Lebanese including women and children and injured scores more.
The dead include senior Hezbollah commander Ibrahim Aqil.
"We admit that we are pained. We are humans. But as we are pained, you will also be pained," Qassem told mourners at Aqil's funeral, directing his remarks to Israel.
In Israel, air raid warning sirens blared warnings of incoming Hezbollah rocket fire that penetrated further south in Israel than at any time in nearly two decades, sending residents scrambling for shelters. Israeli media reported 13 people injured—one of them seriously—and heavy damage to homes and cars.
As officials closed schools, limited gatherings, and ordered hospitals to move patients in the north, the Israel Defense Forces moved troops, tanks, and other equipment toward the border with Lebanon. Numerous social media posts said Israeli reservists had received emergency call-up orders, known as Tzav 8s.
Israeli Prime Minister Benjamin Netanyahu said Sunday that his far-right government would "take whatever action is necessary to restore security" in the northern part of Israel.
"No country can accept the wanton rocketing of its cities," he said. "We can't accept it either."
Hezbollah said it would not stop fighting until Israel stops its assault on Gaza, for which it is on trial for genocide at the International Court of Justice.
Jeanine Hennis-Plasschaert, the United Nations envoy for Lebanon, said on X, formerly known as Twitter, that "with the region on the brink of an imminent catastrophe, it cannot be overstated enough: There is NO military solution that will make either side safer."
European Union foreign policy chief and European Commission Vice President Josep Borrell
said on social media Sunday that "the E.U. is extremely concerned by the escalation in Lebanon, following Friday's attacks in Beirut and the increasing cross-border violence between Israel and Hezbollah."
"Civilians on both sides are paying an enormous price," Borrell added. "An immediate ceasefire is needed."
In the United States, White House national security spokesman John Kirby
told ABC's "This Week" on Sunday that the Biden administration—which supplies Israel with billions of dollars in arms and diplomatic cover—is "involved in extensive and quite assertive diplomacy."
"We want to make sure that we can continue to do everything we can to try to prevent this from becoming an all-out war there with Hezbollah across that Lebanese border," he added. "We still believe that there can be time and space for a diplomatic solution here."
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Top EU Diplomat Warns Israeli Impunity Will Lead to West Bank Becoming 'a New Gaza'
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act."
Sep 10, 2024
European Union foreign affairs chief Josep Borrell on Tuesday urged the international community to stop "radical members of the Israeli government" from thwarting Palestinian statehood and prevent Israel from turning the illegally occupied West Bank into "a new Gaza."
Speaking to attendees of an Arab League conference in Cairo, Borrell lamented that a Gaza cease-fire agreement "has still not been signed and does not seem likely to be signed in the near future."
"Why? Quite simply, because those who are waging the war have no interest in putting an end to it," he continued. "So, they are just pretending... Because, as it turns out, their intransigence is accompanied by total impunity."
"If acts have no consequences, if blatant violation of international law remains disregarded, if institutions such as the International Criminal Court are threatened, if the International Court of Justice rulings are totally ignored by those who promote a rules-based order, who can be trusted?" Borrell asked.
"Not only is there no pause in the war in Gaza," he noted. "But what looms on the horizon is the extension of the conflict to the West Bank, where radical members of the Israeli government—Netanyahu's government—try to make it impossible to create a future Palestinian state."
Israeli Prime Minister Benjamin Netanyahu and members of his far-right government have openly
boasted about their efforts to derail the so-called "two-state solution," and Israeli lawmakers voted overwhelmingly in July to oppose the creation of a Palestinian state.
Borrell asserted that "a new front is being opened with a clear objective: to turn the West Bank into a new Gaza—in rising violence, delegitimizing the Palestinian Authority, stimulating provocations to react forcefully, and not shying away from saying to the face of the world that the only way to reach a peaceful settlement is to annex the West Bank and Gaza."
Since last October, Israeli soldiers and settler-colonists have killed more than 600 Palestinians in the occupied West Bank and East Jerusalem, including more than 140 children. Settlers have carried out more than 1,000 attacks including multiple deadly pogroms, during which Israel Defense Forces soldiers stood by, protected, and even joined the attackers.
"Without action, the West Bank will become a new Gaza," Borrell stressed. "And Gaza will become a new West Bank, as settlers' movements are preparing new settlements."
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act," Borrell added.
"What can we do?" he asked, continuing:
We need to raise our voice at the next [United Nations General Assembly] and prevent a sort of "Gaza fatigue," which will embolden the extremists and postpone once again the idea of a political settlement. We have to launch a process where all parties who want to work on an agenda—a concrete and practical agenda to implement the two-state solution—can work together.
Second, we need to revitalize the Palestinian Authority to support their reform process, but also to support [them] financially.
Third, [we have] to facilitate all attempts at dialogue between Palestinians and Israelis.
Fourth, [we must] not give up on engaging with Israeli civil society, even in this context—and especially in this context. Everyone, not just the Europeans—Palestinians, and Arab civil society, must do it. I know how difficult it is to reconcile both narratives, but it is the only way to move forward...
Fifth, the Palestinians have to reach a common vision, to overcome their divisions, because the more these divisions exist, the more they undermine the legitimacy and representativeness of the Palestinians.
Sixth, the Europeans need to adopt a common approach. That is what I am working tirelessly on, even if the success is limited, because I have never seen such a dividing issue among the Europeans as the Israel-Palestine conflict.
Seventh, the Arab States need also to adopt a truly common approach [to] coordinating and showing solidarity.
"All in all, it means building a balance of power on realistic foundations for the two-state solution—before it becomes, definitely, too late," Borrell concluded. "I know, it is extremely difficult. However, we must never give up."
Last month, Borrell called for sanctioning Israeli leaders for hate speech and inciting war crimes in Gaza and the illegally occupied West Bank. He has also called for an arms embargo on Israel.
Israel is currently on trial for genocide at the International Court of Justice. Meanwhile, International Criminal Court Prosecutor Karim Khan is seeking to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom has been assassinated—for alleged war crimes and crimes against humanity.
Since October 7, when the Hamas-led attack on Israel left more than 1,100 people dead—some of them killed by so-called "
friendly fire"—and over 240 others kidnapped, Israeli forces have killed at least 40,988 Palestinians in Gaza, mostly women and children. At least 94,825 other Palestinians have been wounded. Almost all of Gaza's 2.3 million people have been forcibly displaced, while Israel's "complete siege" has starved and sickened people across the enclave, with dozens dying of malnutrition.
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