Expert says ICC arrest warrants come as no surprise

The International Criminal Court (ICC) issued arrest warrants last week for Israeli Prime Minister Benjamin Netanyahu and others in Israel-Hamas fighting, accusing them of crimes against humanity in connection with the 13-month war in Gaza. "The request for an arrest warrant came as early as spring, and it has taken quite a long time," Mark Klamberg, professor in public international law, told Swedish public broadcaster SVT Aktuellt on November 21.

Mark Klamberg commented on the ICC arrest warrants at SVT on November 21. Photo: Screenshot © SVT
Mark Klamberg, professor in public international law, commented on the ICC arrest warrants at SVT Aktuellt on November 21. Photo: Screenshot © SVT


PUBLISHED: November 25, 2024
UPDATED: November 29, 2024

VIDEO: Klamberg Says ICC Arrest Warrants Were Expected [18:37–24:18) 

Adding that "It was expected that a decision would come, but it was probably anticipated earlier."

He also pointed out that it's important to remember that this is an arrest warrant and "the burden of proof is relatively low compared to what’s required later when determining guilt beyond a reasonable doubt. The requirement for issuing an arrest warrant is fairly low."

Other media appearances (in Swedish)

The arrest warrant has also been issued against the Hamas leader Al-Masri.  

"There is information that he has been killed. There are differing views on that. I believe there’s a political aspect to this. I think it’s easier for the court to issue an arrest warrant against both Israeli and Hamas leaders. If it had only targeted Israeli leaders, there would have been accusations of bias. Such accusations already exist, so to speak. On some level, it was politically convenient for the court, even though it shouldn’t consider such factors," he explained. 

As far as Netanyahu and Gallant are concerned Klamberg said that "it means that all member states, including Sweden, are required to arrest them if they arrive on our territory or another member’s. In practice, this acts as a kind of travel ban. It could also have other consequences, potentially influencing how other states interact with Israel, and possibly domestic political consequences as well," he said.