The International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former defence minister Yoav Gallant, as well as Hamas military chief Mohammed Deif, accusing them of “war crimes” and “crimes against humanity.”
“The Chamber issued warrants of arrest for two individuals, Mr. Benjamin Netanyahu and Mr. Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest,” the three-judge panel wrote in its unanimous decision.
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“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” it added.
A warrant had also been issued for Deif, the court further said.
“The arrest warrants had been classified as ‘secret’, to protect witnesses and to safeguard the conduct of the investigations, the court said.”
“However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing,” the tribunal said.
This comes months after ICC prosecutor Karim Khan sought arrest warrants for alleged crimes connected to the October 7 attacks on Israel and the Israeli military response in Gaza.
The ICC further said that acceptance of the court’s jurisdiction was not required following Israel’s refusal to accept the jurisdiction of The Hague-based court and its denial of war crimes in Gaza.
Meanwhile, Netanyahu condemned the arrest warrants and said that Israel rejects ICC’s absurd and false actions.
In a statement released by his office, Netanyahu said, “There is nothing more just than the war that Israel has been waging in Gaza.”
Former Israeli foreign minister Yoav Gallant also slammed the ICC and said that the court lost its legitimacy with ‘absurd’ arrest warrants.
“A dark moment for the International Criminal Court,” Saar said on X, adding that it had issued “absurd orders without authority.”
Earlier in September, the Israeli foreign ministry said that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.
“No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the Prosecutor,” foreign ministry spokesperson Oren Marmorstein wrote on X.
He said Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy.
The practical implications of the arrest warrant against Netanyahu could be limited since Israel and its major ally, the United States, are not members of the court, and several of the Hamas officials have been subsequently killed in the conflict.
The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court.
Despite the warrants, none of the suspects is likely to face judges in The Hague any time soon. The court itself has no police to enforce warrants, instead relying on cooperation from its member states.