Photo credit: Washington Post, 2024-11-26

EMIL Position Statement on Impunity Regarding the International Criminal Court Arrest Warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant

The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on November 21, 2024. The charges include crimes against humanity and war crimes. Specifically, the ICC identified Netanyahu and Gallant as responsible for:

• Crimes Against Humanity: Murder, persecution, and other inhumane acts.
• War Crimes: Starvation as a method of warfare and intentionally directing attacks against civilian populations.

The ICC determined these actions were part of a widespread and systematic attack against civilians, particularly in Gaza, during the period from October 8, 2023, to at least May 20, 2024. The court described these crimes as "grave breaches" of the Geneva Conventions, requiring accountability under international law.

The arrest warrants signify a notable step in addressing accusations of impunity for international law violations in the Israeli-Palestinian conflict. The ICC also issued a similar warrant for Mohammed Deif, a Hamas leader, for crimes against humanity and war crimes.

The Elias Moukheiber Institute for Lebanon commends the International Criminal Court (ICC) for exercising its mandate to hold individuals accountable for alleged crimes against humanity, regardless of their political standing. The recent issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant underscores the principle that no one is above the law, particularly in the context of conflicts with significant civilian tolls.

We recognize the gravity of the charges—specifically, the use of starvation as a weapon of warfare and the creation of conditions designed to harm civilian populations in Gaza. These actions represent profound violations of international humanitarian law and the Geneva Conventions.

Key Issues

1. Systematic Violations in Lebanon
   The ongoing military operations in Lebanon reflect a pattern of deliberate attacks on civilian infrastructure and densely populated areas. Reports indicate entire villages have been razed, resulting in substantial loss of life, including women and children. Such actions contravene international humanitarian law, which mandates the protection of civilians and the principle of proportionality in armed conflict.
2. Assaults on Sovereignty and the Lebanese Army
   The targeting of the Lebanese Army represents an egregious violation of state sovereignty and escalates the conflict's regional dimensions. This aggression undermines Lebanon’s capacity to maintain stability and protect its citizens, exacerbating tensions in an already fragile geopolitical context.
3. Accountability Beyond Borders
   Netanyahu's actions in Lebanon, coupled with the ongoing atrocities in Gaza, demonstrate a broader pattern of disregard for international legal norms. The ICC ruling underscores the urgent need for accountability mechanisms to address these crimes comprehensively, including those committed against the people of Lebanon.

Call to Action

The Elias Moukheiber Institute calls on:

• The ICC to expedite investigations into alleged crimes in Lebanon, ensuring that all acts of aggression against civilians and state entities are scrutinized.
• The international community to adopt a unified stance condemning the targeting of civilian populations and critical infrastructure in Lebanon, alongside similar actions in Gaza.
• Lebanese authorities to document and present evidence of war crimes to relevant international bodies, asserting Lebanon's right to justice and reparations for the destruction caused by the ongoing aggression.

We stand with the victims of these atrocities, from Gaza to Lebanon, who bear the brunt of policies that disregard human life and dignity. Justice must transcend political considerations to uphold the fundamental principles of human rights and international law.

Call for Ceasefire Implementation and Justice Against Impunity

As of November 26, 2024, a ceasefire agreement has been announced between Israel and Lebanon, signaling a momentary halt to the hostilities that have devastated civilian lives and infrastructure. While this development is a necessary step toward de-escalation, it must not overshadow the urgent need for accountability.

This pivotal moment provides an opportunity for the international community to demand robust actions against impunity. The ceasefire must serve as a foundation not only for peace but also for justice. The Elias Moukheiber Institute calls upon the ICC and other relevant bodies to ensure that accountability remains central to post-conflict resolutions. Justice for the victims of war crimes and crimes against humanity cannot wait.

Now, more than ever, the world must stand united in the pursuit of justice, holding perpetrators accountable and ensuring that such violations never recur.

Solidarity with Victims

The Elias Moukheiber Institute condemns the deliberate targeting of civilians, critical infrastructure, and the Lebanese Army. We call upon the international community to demand accountability for these actions, which may constitute crimes against humanity. Furthermore, we urge the International Criminal Court and other relevant bodies to expedite investigations and bring perpetrators to justice.

We also appeal to the United Nations and member states to take immediate measures to halt hostilities, ensure the protection of civilians, and address the escalating humanitarian crisis in Lebanon. Without swift and decisive action, these violations threaten to destabilize the region further and undermine the global commitment to upholding human rights and international law.

The Elias Moukheiber Institute stands with the people of Lebanon during this harrowing time and reaffirms its dedication to legal advocacy, transparency, and the pursuit of justice for all victims of these grave violations.

November 26, 2024

This statement reflects the urgent need for international scrutiny and action, emphasizing the devastating humanitarian impact and the importance of adhering to international law. The information is based on reports by Amnesty International, Human Rights Watch, and other credible sources regarding the recent military actions in Lebanon.​