Italian Deputy Premier and Foreign
Minister Antonio Tajani has criticized the decision by the
International Criminal Court's chief prosecutor to apply for
arrest warrants for the leaders of both Hamas and Israel, saying
it is wrong to put them on the same level.
The ICC prosecutor on Monday requested the arrest of top Hamas
figures, including the group's leader in Gaza Yahya Sinwar, over
the October 7 attacks, and for Israel's Prime Minister Benjamin
Netanyahu and its defence minister over its war against Hamas
and the impact on civilians in Gaza.
"It is unacceptable to equate a government legitimately elected
by the people in a democratic way with a terrorist organisation
that caused everything that is happening," Tajani told Mediaset
television late on Monday.
The unprecedented Hamas attacks on Israel killed 1,200 people,
many of whom were raped and mutilated, and took some 250
hostages, about 100 of whom are still in Gaza after some
releases and many deaths.
The horrific assault unleashed a relentless Israeli response
that has killed more than 35,000 mostly women and children in
Gaza.
Italian former ICC registrar Silvana Arbia told La Stampa daily
in an interview on Tuesday that Netanyahu should give himself
up.
"It would be a good thing for Netanyahu and the other suspects
to give themselves up," said 71-year-old Potenza-born Arbia,
also a former prosecutor at the United Nations Rwanda Tribunal.
"As long as the international community organises with laws, no
one can consider themselves above them," Arbia told the Turin
daily.
"Neither Netanyahu, nor Biden, nor any soldier, commander,
civilian leader.
"Of course, now Bibi is no longer a person free to move like
before. He is most definitely more isolated."
If ICC Chief Prosecutor Karim Khan's indictment requests for
crimes against humanity are upheld, the Israeli prime minister
will no longer be free to travel to most allied countries except
the United States, which has not signed up to the court for fear
of losing legal sovereignty and for fear of its citizens being
prosecuted for war crimes.
Arbia said she thought the ICC justices would uphold Khan's
requests.
"I expect so. The Pre-Trial Chamber has to assess whether the
crimes in question come under the ICC's competence, and they
clearly do.
"Then, it must examine the evidence presented by the prosecutor.
"And it has to evaluate whether an arrest warrant is necessary
to ensure the presence of the defendant at the trial, it must
prevent the defendant creating obstacles and hampering the
investigation, and it must avert the reiteration of the crimes",
said Arbia.
France and Belgium backed Khan Tuesday after criticism from the
US, UK, and Germany as well as Italy Monday.
US President Joe Biden reiterated that what has been happening
in Gaza cannot be called genocide.
Netanyahu has called Khan the greatest anti-semiite in modern
times.
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