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Borrell recalls that ICC decisions are binding
The high representative of the European Union (EU) for Foreign Affairs, Josep Borrell, recalled this Monday that the states that ratified the statutes of the International Criminal Court (ICC) are obliged to execute its decisions.
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Mundo UE
Borrell reacted this way on social media X, after the ICC prosecutor, Karim Khan, requested this Monday arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, and his Defense Minister, Yoav Gallant, as well as three leaders of the Palestinian Islamist group Hamas, Yahya Sinwar, Ismail Haniyeh and Mohamed Deif.
"I take note of the decision by the ICC Prosecutor to request arrest warrants (...) against Yahya Sinwar, Mohammed Deif, Ismail Haniyeh, Benjamin Netanyahu and Yoav Gallant", Borrell stressed.
The head of European diplomacy pointed out that "the ICC's mandate, as an independent international institution, is to prosecute the most serious crimes under international law".
"All states that have ratified the ICC statute are obliged to implement the Court's decisions", he recalled.
Khan today asked the ICC judges for permission to issue arrest warrants against these five authorities for alleged war crimes during the Hamas attacks on October 7 and the subsequent Israeli offensive in the Gaza Strip.
Among the crimes for which the prosecutor-general holds the two Israeli officials responsible are the use of starvation as a "method of warfare" against civilians and "willful killing", while he holds the Hamas leaders responsible for the death of hundreds of Israeli civilians on October 7.
Israel is not part of this institution, like the United States, so it is not obliged to follow its orders.
However, all the countries of the European Union (EU) have ratified the Rome Statute, so if the orders are issued, the Israeli government will not be able to cross European borders, although it is not yet clear which governments have complied with the decision.
The requests for warrants come more than seven months after the start of a new war in the Gaza Strip, triggered by a Hamas terrorist attack on Israeli soil, which left over 1,100 dead and about 250 people taken hostage.
In retaliation, Israel has since undertaken a large-scale offensive in the Palestinian territory, which has already killed more than 35,000 people, mostly civilians, according to the Hamas government, and has caused a serious humanitarian crisis.
Read Also: "Restoring peace". France shows support for the ICC after detention requests (Portuguese version)
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