Courting Benjamin Netanyahu And Yoav Gallant: An Examination Of State Compliance And The Limits Of The International Criminal Court

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Stella Nyana Ahanor, Lecturer of Law, Catholic University of Mbeya

ORCID ID: 0009-0008-5945-5604

ABSTRACT

This article explores the complexities involved in prosecuting international crimes, with a particular emphasis on the potential prosecution of high- profile Israeli officials, Benjamin Netanyahu and Yoav Gallant. The paper examines the challenges the ICC is likely to encounter, including structural and political limitations. The central argument of the paper is that Israel’s geopolitical position, the ICC’s dependence on state cooperation, the inadequate sanctions for non-cooperation, and evidentiary challenges are significant hurdles that the Court must navigate in considering prosecution. By drawing on precedents from high-profile cases, this paper highlights the tension between legal mandates and political realities. Furthermore, it contextualizes the cases against Benjamin Netanyahu and Yoav Gallant within the broader discourse on the implementation of ICC decisions, discussing the disconnect between accountability for international crimes and the actual enforcement of such accountability.

Keywords: International Criminal Court, Cooperation, Prosecution, Sanctions, United Nations Security Council, Assembly of State Parties, Geopolitics.

COURTING BENJAMIN NETANYAHU AND YOAV GALLANT- AN EXAMINATION OF STATE COMPLIANCE AND THE L.

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