International Criminal Court Issues Arrest Warrants for Netanyahu, Gallant, and Hamas Commander Over Alleged War Crimes

Judges at the International Criminal Court (ICC) have issued arrest warrants for Israel’s prime minister and its former defense minister, alongside the military commander of Hamas. A statement indicated that a pre-trial chamber had dismissed Israel’s objections to the court’s jurisdiction and subsequently issued warrants for Benjamin Netanyahu and Yoav Gallant. A warrant was also issued for Mohammed Deif of Hamas, although Israel has stated he was killed in an air strike in Gaza in July. The judges declared there were “reasonable grounds” to believe the three men held “criminal responsibility” for alleged war crimes and crimes against humanity committed during the conflict between Israel and Hamas. Both Israel and Hamas have denied these allegations. Prime Minister Netanyahu condemned the ICC’s decision as “antisemitic”, while Hamas asserted that the warrants for Netanyahu and Gallant established an “important historical precedent”. The impact of these warrants will partially depend on whether the ICC’s 124 member states – which do not include Israel or its primary ally, the United States – opt to enforce them. The White House announced that the US rejected the ICC decision. However, several European nations have affirmed their respect for the court’s rulings. The ICC possesses the authority to prosecute individuals accused of genocide, crimes against humanity, and war crimes within the territory of states party to the Rome Statute, its founding treaty. Israel disputes the ICC’s jurisdiction, but the court ruled in 2021 that it had authority over the occupied West Bank, East Jerusalem, and Gaza because the UN’s secretary general had recognized the Palestinians as a member. In May, ICC prosecutor Karim Khan sought warrants for Netanyahu, Gallant, Deif, and two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, who have since been killed. Although Israel believes Deif is deceased, the chamber stated it had been informed by the ICC prosecution that it was not in a position to determine whether he was killed or remained alive. The prosecutor’s case against them originates from the events of 7 October 2023, when Hamas gunmen attacked southern Israel, resulting in the deaths of approximately 1,200 people and the abduction of 251 others to Gaza as hostages. Israel responded to the attack by launching a military campaign aimed at eliminating Hamas, during which at least 44,000 people have been killed in Gaza, according to the territory’s Hamas-run health ministry. For Deif, the chamber found reasonable grounds to believe he was “responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence”. It also stated there were reasonable grounds to believe the crimes against humanity were “part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel”. For Netanyahu and Gallant, who was replaced as defense minister earlier this month, the chamber found reasonable grounds to believe that they “each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”. It also found reasonable grounds to believe that “each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population”. The chamber further noted its rejection of two Israeli challenges – one disputing the ICC’s jurisdiction over the Palestinian territories, and Israeli nationals specifically, and the other arguing that the ICC prosecutor had not afforded Israel the opportunity to investigate the allegations itself before requesting warrants. The ICC serves as a court of last resort and is only intended to act when domestic courts are unable, or unwilling, to genuinely investigate or prosecute serious international crimes. Despite the warrants, Netanyahu and Gallant do not face any immediate threat of prosecution, though it could complicate their ability to travel abroad. Technically, if either of them enters any ICC member state, they must be arrested and handed over to the court. Netanyahu’s most recent overseas trip was in July to the US, which is not a member. However, last year, he visited several other countries, including the UK, which is. When journalists inquired if Netanyahu would be arrested upon arrival in the UK, the government spokesman replied: “We are not getting into hypotheticals.” It is understood that a domestic legal process would be required in the UK to determine whether to endorse the warrant. Two EU countries – Italy and the Netherlands – have openly declared they would arrest any of the men on their territory. Several other European countries pledged to comply with the ICC’s rules without specifying this. EU foreign policy chief Josep Borrell stated that the ICC decision was binding on all EU member states. ICC members do not always choose to enforce warrants. Russian President Vladimir Putin, wanted over alleged war crimes in Ukraine, received a warm welcome and was not arrested during an official visit to neighboring Mongolia – an ICC member – in September. South Africa, another ICC member, similarly failed to arrest then-Sudanese President Omar al-Bashir when he visited in 2015, despite him facing a warrant for alleged war crimes in the Darfur region. In the US, incoming Senate Republican leader John Thune urged the Senate to pass a bill, already approved by the House of Representatives, under which the US would impose sanctions on people “engaged in any effort to investigate, arrest, detain or prosecute any protected person of the United States and its allies”. Netanyahu stated in a video that it was a “dark day in the history of humanity”, and that the ICC has become “the enemy of humanity.” “It’s an antisemitic step that has one goal – to deter me, to deter us from having our natural right to defend ourselves against enemies who try to destroy us,” he said. Gallant commented that the court’s decision “places the State of Israel and the murderous leaders of Hamas in the same row and thus legitimises the murder of babies, the rape of women and the abduction of the elderly from their beds”. Hamas made no mention of the warrant for Deif but welcomed the warrants for Netanyahu and Gallant, stating the ICC’s decision “constitutes an important historical precedent, and a correction to a long path of historical injustice against our people”. Israel has vehemently denied the allegation that its forces are committing genocide against Palestinians in Gaza, which is the subject of a separate case before the International Court of Justice. The Palestinian Authority – which governs parts of the West Bank – declared that the decision “represents hope and confidence in international law and its institutions” and urged ICC member states to halt “contact and meetings” with Netanyahu and Gallant. Palestinians residing in Gaza expressed hope that it would bring Israeli leaders to justice. “The court’s decision may ease some of my pain, but my sister’s soul – and those of tens of thousands of Palestinian victims – will not find peace until Netanyahu and his army leaders are behind bars,” Munira al-Shami, whose sister Wafa was killed in an Israeli attack a month ago, told the BBC. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content of external websites. Information regarding our approach to external linking is available.