ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander

Judges at the International Criminal Court (ICC) have released arrest warrants for the Prime Minister of Israel, a former defense minister, and the military leader of Hamas.

A statement indicated that a pre-trial chamber dismissed Israel’s objections regarding the court's authority and has issued arrest warrants for Benjamin Netanyahu and Yoav Gallant.

A warrant has also been issued for Mohammed Deif, a leader of Hamas, even though Israel claims that he was killed during an airstrike in Gaza back in July.

The judges indicated that there were valid reasons to believe that the three men could be held “criminally responsible” for supposed war crimes and crimes against humanity related to the conflict between Israel and Hamas. Both parties, Israel and Hamas, have denied these claims.

The office of the Israeli prime minister criticized the ICC's ruling, labeling it as "antisemitic." Meanwhile, Hamas described the arrest warrants issued for Netanyahu and Gallant as establishing a significant historical milestone.

The effect of these warrants will partly rely on whether the 124 member nations of the ICC—excluding Israel and its key partner, the United States—choose to act on them.

The White House has announced that the United States does not accept the ICC's ruling.

Nonetheless, the EU's chief of foreign affairs emphasized that it needs to be honored and carried out.

Since its establishment in 2002, the ICC has played a crucial role in the international justice system. It holds the power to bring to court individuals suspected of committing genocide, crimes against humanity, and war crimes within the borders of countries that have signed the Rome Statute, its founding treaty.

Israel is not part of the International Criminal Court (ICC) and does not recognize its authority. However, in 2021, the court determined that it has jurisdiction over the occupied West Bank, East Jerusalem, and Gaza, following the UN secretary general's acceptance of the Palestinians' membership in the Rome Statute.

In May, ICC prosecutor Karim Khan requested arrest warrants for Netanyahu, Gallant, Deif, and two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, who have since lost their lives.

While Israel is convinced that Deif has died, the chamber stated that it received information from the ICC prosecution indicating that they were unable to confirm whether he was dead or still alive.

The prosecutor's charges against them are based on the incidents that occurred on October 7, 2023, when Hamas militants launched an assault in southern Israel, resulting in the deaths of around 1,200 individuals and the abduction of 251 people, who were taken into Gaza as hostages.

In response to the attack, Israel initiated a military operation aimed at dismantling Hamas. Reports from the Hamas-controlled health ministry in Gaza indicate that the conflict has resulted in a minimum of 44,000 casualties in the region.

The chamber established that there were valid reasons to think that Deif was accountable for serious human rights violations, including murder, extermination, torture, and sexual violence, as well as war crimes such as murder, cruel treatment, taking hostages, and insults to human dignity, along with other acts of sexual violence.

It also noted that there is enough evidence to suggest that the crimes against humanity were “part of a large-scale and organized assault carried out by Hamas and other militant groups targeting the civilian population of Israel.”

According to the chamber, there is sufficient evidence to suggest that both Netanyahu and Gallant, who was recently removed from his position as defense minister, share criminal responsibility as joint perpetrators for several serious offenses. These include the war crime of using starvation as a tactic in warfare, as well as crimes against humanity such as murder, persecution, and other inhumane acts.

It also concluded that there are valid reasons to think that "each one bears criminal responsibility as civilian leaders for the war crime of deliberately targeting the civilian population."

The office of the Israeli Prime Minister stated that Israel completely dismisses the inaccurate and ridiculous accusations made by the International Criminal Court.

"Prime Minister Benjamin Netanyahu remains firm and resistant to any external pressures. He will persist in striving for all the goals that Israel aims to achieve in its rightful battle against Hamas and the Iranian network of terrorism," it stated.

Gallant, who was dismissed from his position as defense minister earlier this month, did not respond right away.

In May, he firmly dismissed the ICC prosecutor's requests for an arrest warrant, criticizing them for making an "outrageous" comparison between Israel and Hamas and for trying to undermine his country's right to defend itself.

Israeli President Isaac Herzog described the chamber's ruling as "unacceptable" and claimed that the ICC has transformed the concept of global justice into something comical.

"The verdict has favored terror and wickedness instead of democracy and liberty, transforming the justice system into a protective barrier for Hamas' atrocities against humanity," he continued.

Hamas expressed approval of the arrest warrants issued for Netanyahu and Gallant, stating that this represents a significant historical milestone and a step towards addressing the long-standing injustices faced by our people.

It also urged nations worldwide to implement the warrants and take action to halt what it referred to as “the acts of genocide against vulnerable civilians in the Gaza Strip.”

Israel has strongly rejected allegations that its military is perpetrating genocide against Palestinians in Gaza.

Human Rights Watch stated that the arrest warrants for the three men challenge the belief that some people are untouchable by the legal system.

Balkees Jarrah, the associate international justice director for the campaign group, stated that the ability of the ICC to fulfill its mission hinges on the commitment of governments to uphold justice regardless of where violations happen or who is responsible for them.

A representative from the National Security Council at the White House stated that the United States "completely disagrees" with the ruling made by the court.

A spokesperson for the National Security Council at the White House expressed, "We are very worried about the prosecutor's hastiness in requesting arrest warrants and the concerning mistakes made during the decision-making process."

"The United States has made it clear that the International Criminal Court does not have authority in this situation. We are evaluating our next actions in collaboration with our allies, including Israel."

Nonetheless, the EU's chief diplomat, Josep Borrell, stated that it was “not a matter of politics.”

He stated that the court's ruling must be honored and carried out, emphasizing that it is mandatory for all countries within the EU.

Netanyahu's latest trip abroad took him to the United States in July. In the previous year, he traveled to various other nations, including the United Kingdom.