Why Has Netanyahu Likened ICC Arrest Warrant Against Him To 1894 Dreyfus Affair? Explained

Last Updated:November 22, 2024, 10:31 IST

Israeli PM Benjamin Netanyahu has described the ICC’s ‘anti-Semitic’ decision against him to the 1894 trial against Jewish soldier who was wrongly convicted of treason in France before being exonerated

The International Criminal Court (ICC) has issued arrest warrant against Israeli Prime Minister Benjamin Netanyahu and his former defence minister and military commander of Hamas, Yoav Gallant, and Hamas leader Mohammed Deif for their role in alleged war crimes and crimes against humanity in the Gaza war.

Netanyahu condemned ICC’s decision as “anti-Semitic”. In his statement against the ICC warrant, Netanyahu invoked the ‘Dreyfus trial’, and said, “The anti-Semitic decision of the International Criminal Court is comparable to the modern-day Dreyfus trial — and it will end in the same way.”

What Was The Dreyfus Trial?

In the late 19th and early 20th centuries, a scandal broke in the French Army that involved a Jewish artillery captain, Alfred Dreyfus (1859-1935), who was falsely convicted for passing military secrets.

In 1894, a French spy at the German Embassy in Paris discovered a ripped-up letter in a waste basket with handwriting said to resemble that of Dreyfus. After that, Dreyfus was court-martialed, found guilty of treason and sentenced to life behind bars on Devil’s Island in French Guiana.

In a public ceremony in Paris following his conviction, Dreyfus had the insignia torn from his uniform and his sword broken and was paraded before a crowd that shouted, “Death to Judas, death to the Jew”.

In 1896, when the new head of the French Army, Georges Picquart, uncovered the evidence against Dreyfus false, and that the real traitor was Major Ferdinand Walsin Esterhazy, he told his superiors, who discouraged him from continuing his investigation, and transferred him to North Africa and later imprisoned.

The word against Esterhazy spread and he was court-martialed but quickly found not guilty. He later fled the country. Renowned French author Emily Zola published an open article titled ‘J’Accuse…!’ in which he defended Dreyfus and accused the military of the cover-up. But Zola was convicted of libel, but he managed to escape to England and later returned.

What Does Israel Think About The ICC Decision?

The Israeli Prime Minister’s Office released a statement on Thursday against the ICC arrest warrants against Netanyahu and Gallant. It said, “No war is more just than the war Israel has been waging in Gaza since October 7th, 2023, when the Hamas terrorist organization launched a murderous assault and perpetrated the largest massacre against the Jewish people since the Holocaust.

“The decision to issue an arrest warrant against the prime minister was made by a corrupt chief prosecutor who is trying to save himself from sexual harassment accusations and biased judges who are motivated by antisemitic hatred of Israel… No anti-Israel decision will prevent the State of Israel from defending its citizens.”

It further said Netanyahu “will not give in to pressure”, and continue to pursue Israel’s objectives in war against Hamas and the “Iranian axis of terror”.

What Does The World Think Of ICC Warrants?

The United States has rejected the ICC decision against Netanyahu. “The ICC issuance of arrest warrants against Israeli leaders is outrageous,” US President Joe Biden said in a statement. “Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.”

Argentinian President Javier Milei posted on social media platform X that is country disagrees with the ICC decision, which “ignores Israel’s legitimate right to self-defense against the constant attacks by terrorist organizations like Hamas and Hezbollah”.

However, several European countries have said they respect the decisions of the court. “It is not a political decision,” said EU foreign policy chief Josep Borrell, speaking during a visit to Jordan. “It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented.”

The Palestinian Authority, a rival of Hamas, said that “the ICC’s decision represents hope and confidence in international law and its institutions.”

“Prime Minister Netanyahu is now officially a wanted man,” said Amnesty’s Secretary General Agnes Callamard.

The ICC’s decision “is a belated but positive decision to stop the bloodshed and put an end to the genocide in Palestine,” Turkish Justice Minister Yilmaz Tunc said on X.

Italian Defense Minister Guido Crosetto said his country would be obliged to arrest Netanyahu and Gallant if they visited, although he added he believed the ICC was “wrong” to put Netanyahu on the same level as Hamas.

Spain said it would follow the ruling, with official sources telling AFP the country “respects the decision and will conform to its commitments and obligations in compliance with the Rome Statute and international law.”

“Sweden and the EU support the important work of the court and safeguard its independence and integrity,” Foreign Minister Maria Malmer Stenergard said.

What Are The Implications Of ICC’s Decision?

The ICC relies on 124-member states of the Rome Statute to execute arrest warrants. Member states are obliged to arrest individuals wanted by the ICC who set foot on their territory. This means that the accused will have to consider whether they are willing to risk travelling.

Last year, Russian President Vladimir Putin did not travel to South Africa amid speculation that he would get detained under the ICC warrant against him over the Ukraine war.

The impact of ICC warrants against Netanyahu and Gallant will in part depend on whether the ICC’s 124-member states, which do not include Israel or its main ally, the US, decide to enforce them or not.

The ICC members states include Jordan and Tunisia – the only Arab member states other than Palestine — , Germany, another staunch Israel supporter, all European Union countries, Japan, all Latin American countries, except Cuba and Haiti, and all 33 African countries.

The ICC has the authority to prosecute those accused of genocide, crimes against humanity and war crimes on the territory of states party to the Rome Statute, its founding treaty.

The ICC ruled in 2021 that it had jurisdiction over the occupied West Bank, East Jerusalem and Gaza because the UN’s secretary general had accepted that the Palestinians were a member of ICC. Israel has rejected ICC’s jurisdiction.

On What Grounds Have Warrants Being Issued?

The warrants relate to the Hamas attack on Israel on October 7, 2023 and the Israeli military attack in Gaza.

The ICC’s three-judge panel said it had found reasonable grounds to believe that Netanyahu and Gallant “bear criminal responsibility for … the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts”. In addition, the panel said there were reasonable grounds to believe they bear criminal responsibility “as civilian superiors for the war crime of intentionally directing an attack against the civilian population”.

The ICC chief prosecutor Karim Khan had also sought warrants for two other senior Hamas figures – Yahya Sinwar and Ismail Haniyeh – but they have since been killed.

Israel claims that it has killed Deif, against whom the ICC has issued a warrant. But the court’s pre-trial chamber said it would “continue to gather information” to confirm his death.