Netanyahu can avoid ICC war crimes charges by filing a lawsuit for peace in the Middle East

Benjamin Netanyahu is unlikely to be indicted by the ICC if he is seen to be committed to peace Photo: REUTERS/Ronen Zvulun

Benjamin Netanyahu resumed ceasefire talks with Hamas on Thursday as it emerged the Israeli prime minister could avoid war crimes charges if he pursued broader peace in the region.

At a briefing hosted by the Israeli Embassy in London on Thursday, Professor Yuval Shani, co-director of the Center for Transnational Legal Studies at King's College London and head of the Department of Public International Law at the Hebrew University of Jerusalem, said: «An amnesty could have been granted to Netanyahu and others facing charges if it served the broader interests of justice.

On Monday, the ICC's chief prosecutor announced he was seeking arrest warrants for Mr. Netanyahu and Yoav Gallant, his defense minister, as well as three Hamas leaders for war crimes and crimes against humanity. According to Professor Shani, the court rarely rejects such requests, and formal orders are likely to be issued within days or weeks.

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While Israeli leaders are unlikely to surrender to trial in The Hague or be arrested at home, the warrants will have serious consequences for them and Israel. diplomatically. 

Once extradited, they risk arrest and detention if they travel to or through any of the 124 states under the jurisdiction of the ICC, including the UK.

On Tuesday, Israeli opposition leader Yair Lapid said Netanyahu should seek a trial. US plan for regional peace as a means to avoid ICC charges. This includes a ceasefire in the Gaza Strip and «normalization» of relations with Saudi Arabia as part of a «credible path» to a future Palestinian state.

«Historic peace process»

«The Hague will not persecute a prime minister who is in the midst of a historic peace process,” Mr. Lapid said.

According to Professor Shani, there are two possible “escape clauses” and legal precedents. for everyone.

In the first case, the ICC prosecutor is convinced that the “interests of justice” are best served by ending the proceedings. 

“This is often called the dilemma of peace and justice; when you have a situation where the only way to ease the political transition is to recognize some kind of amnesty,” said Professor Shani.

The UN Security Council itself also has the ability to intervene and suspend proceedings under Article 16 of the Rome Statute. if done, promotes international peace and security. 

«If you have a major deal and the Security Council approves the deal, part of the deal may involve a stay of proceedings,» he said.

Professor Shani said neither mechanism was «likely» but a path Security Council is more likely and has been used on a number of occasions in the past in relation to investigations involving peacekeeping forces. 

However, all five permanent members of the Security Council, including Russia, have veto power, he added.

Late Wednesday, Israel's war cabinet instructed its negotiators to resume indirect talks with Hamas over a ceasefire and the release of hostages.

Negotiations between Hamas and Israel were suspended after they were suspended two weeks ago due to Israeli movements in Rafah in southern Gaza.

In a video released by the Hostage Families Forum, Liri Albag, Karina Ariev, Agam Berger, Daniela Gilboa and Naama Levy at the Nahal Oz base on October 7

However, a partial US arms embargo, ICC trials and the return of the bodies of five hostages from the sector Gaza has all put pressure on Mr Netanyahu to move forward with negotiations — or at least it would appear that way.

The Forum for Hostages and Missing Families released a harrowing video on Wednesday showing the moment five Israeli female conscripts were taken hostage by Hamas in Nahal Oz on October 7. The video was intended to put further pressure on Netanyahu and the military cabinet to resume negotiations.

“The uproar caused by the video demonstrated the urgent need for the release of these women. Netanyahu asked the negotiating team to develop a framework for the deal and return to negotiations. But in any deal, Hamas must allow women to go first,” the official told The Telegraph.

On Friday, a separate International Court of Justice in The Hague will rule on a South African petition calling on Israel to stop fighting in the Gaza Strip .

Israeli officials fear that the court, which did not order Israel to stop fighting at its first hearing on genocide charges in January, could take a tougher stance this time — potentially exposing it to international sanctions.

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South Africa cited the alleged indiscriminate killing of civilians in Gaza and the humanitarian crisis, including famine, as the reason.