ICC issues arrest warrant for Israeli PM Benjamin Netanyahu

The International Criminal Court has released arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of "crimes against humanity and war crimes."

Thursday's action represents a significant intensification of legal actions regarding Israel's military operations in Gaza. It is also notable as the first occasion that the court, established in 2002, has released a warrant for a leader supported by Western nations.

This implies that the 124 member nations of the ICC, which encompass a majority of countries in Europe and Latin America, along with many in Africa and Asia, would be required to apprehend Netanyahu and Gallant should they step foot in their countries. However, the court lacks the ability to carry out the warrants if they choose not to comply.

The warrants will further emphasize the feeling that Israel has become more isolated on the global stage due to its actions in the ongoing conflict with Hamas in the heavily affected Gaza Strip.

The court indicated that there are valid reasons to suspect that Netanyahu and Gallant may be criminally liable for using starvation as a tactic in warfare, as well as for committing crimes against humanity, including murder, persecution, and other brutal actions.

It was stated that there are valid reasons to suspect that the two individuals may be criminally liable for the war crime of deliberately targeting civilians. They are accused of having purposefully and knowingly denied the people of Gaza essential resources such as food, water, medical supplies, fuel, and electricity.

The court announced that it has unanimously chosen to dismiss Israel's request challenging the ICC's authority. Both Israel and its main ally, the United States, are not members of the court.

The office of the Israeli Prime Minister called the warrants "antisemitic," expressing strong disapproval of what it described as unreasonable and untrue claims made against Israel. They labeled the International Criminal Court as a politically motivated and prejudiced organization.

"No resolution against Israel will stop the country from safeguarding its people," it stated. "Prime Minister Benjamin Netanyahu will stand firm against any pressure, will not back down, and will continue on the path until all of Israel's military objectives are fulfilled."

Gallant criticized the ICC, stating that this ruling establishes a harmful standard that undermines the right to self-defense and justifies violent acts, effectively promoting terrorism.

Palestinian leaders expressed their approval of the arrest warrants issued for Israeli officials. Husam Zomlot, the Palestinian ambassador to the UK, stated that these warrants represent “a significant move towards holding people accountable and achieving justice in Palestine, as well as a way to reinforce the trust in the international system based on established laws.” Meanwhile, Hamas urged the court to widen the scope of the warrants to include additional Israeli officials.

The ICC has also released a warrant for Mohammed Deif, the leader of Hamas, due to crimes against humanity and war crimes linked to the group's assault on Israel on October 7, 2023, which sparked the conflict in Gaza. Israel announced in August that it had eliminated Deif in an airstrike in Gaza the month before.

In the United States, both the Biden administration and the upcoming Republican leadership have spoken out against the warrants. The White House stated that it "completely disagrees" with the ICC's ruling and expressed concern about what it called "concerning procedural mistakes" made by the court.

Mike Waltz, set to be the national security adviser in Donald Trump’s upcoming administration, stated that the ICC lacks credibility. He expressed on X that there will be a robust reaction to the anti-Semitic bias exhibited by the ICC and the UN starting in January.

Senator Lindsey Graham, a strong supporter of Trump, urged for new penalties against the court. Under Trump’s leadership, his administration had imposed sanctions on key officials of the International Criminal Court (ICC), such as the former prosecutor Fatou Bensouda, due to its investigation into war crime accusations in Afghanistan. The Biden administration, however, eventually removed those sanctions.

“The judicial system has become a risky farce. It’s time for the US Senate to take action and hold this reckless institution accountable,” Graham remarked. Next year, Republicans will hold power across all three branches of the US government.

Nonetheless, the European Union's leading diplomat, Josep Borrell, stated that the warrants were not influenced by politics and emphasized the importance of respecting and carrying out the court's ruling.

Dutch Foreign Minister Caspar Veldkamp stated that the Netherlands “will respond to the arrest warrants,” but other European nations took a more ambiguous stance.

A representative for UK Prime Minister Keir Starmer stated, “We uphold the independence of the International Criminal Court,” and went on to say, “Israel, as a democratic nation, cannot be compared morally to Hamas and Lebanese Hizbollah, which are terrorist groups.”

The ICC prosecutor, Karim Khan, initially requested the warrants back in May for Netanyahu, Gallant, Deif, and two Hamas leaders, Yahya Sinwar and Ismail Haniyeh, both of whom have since been killed by Israel.

The ICC's action comes at a time when Israel is being heavily criticized for the impact of its military operations in Gaza.

The violence started when Hamas fighters invaded Israel in October 2023, wreaking havoc in several communities. Israeli officials report that around 1,200 individuals were killed, while an additional 250 were taken captive.

In reaction, Israel initiated a brutal attack on Gaza, with Gallant declaring a “total blockade” of the area. Palestinian officials report that Israel's military actions have resulted in nearly 44,000 fatalities, displaced 1.9 million of the enclave's 2.3 million residents, and left much of the region in ruins.

The United Nations and various humanitarian organizations have condemned Israel for limiting the flow of aid, expressing concerns about the looming risks of hunger and illness.

The conflict has led to legal actions being initiated at the International Court of Justice, which handles disputes between nations.

The top court in the United Nations is currently reviewing a case filed by South Africa, which alleges that Israel has committed genocide against the Palestinians in Gaza. Israel has strongly rejected these accusations.

Further contributions by Anna Gross.