ICC issues arrest warrants for Netanyahu and Hamas leader over alleged war crimes
The International Criminal Court (ICC) has issued arrest warrants for Israel’s Prime Minister, Benjamin Netanyahu, former Defence Minister, Yoav Gallant, and Hamas militant, Mohammed Deif, over alleged war crimes in Gaza.
The ICC rejected a series of objections from Israel and allies to announce the warrants on Thursday. The court’s chief prosecutor, Karim Khan KC, announced he was seeking warrants for the Israeli leaders and three Hamas chiefs – including Yahya Sinwar and Ismail Haniyeh, now dead – in May.
“The International Criminal Court…unanimously issued two decisions rejecting challenges by the State of Israel brought under articles 18 and 19 of the Rome Statute. It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant,” the ICC announced in a statement on Thursday.
“The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza,” the statement added.
“The Chamber found reasonable grounds to believe that…[Netanyahu and Gallant] 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.
“The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.”
The ICC also issued a warrant for Mohammed Deif for “alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.” Israel claims it killed in Deif in a July air strike.
Israel has challenged the jurisdiction of the ICC and claimed it denied domestic courts the opportunity to investigate claims prior to issuing the warrants. Israel denies war crimes in Gaza.
Human rights groups have documented numerous alleged war crimes committed by Israel throughout the conflict in Gaza.
The US, UK, and allies have repeatedly raised concerns over a lack of humanitarian aid entering Gaza, with northern areas at risk of famine, according to the UN.
The Labour government dropped objections to the case that were lodged under Conservative leadership shortly after it was elected in July.
The US has strongly objected to the legal process against the Israeli leaders, which President Joe Biden described as “outrageous.”
Republican incoming Senate majority leader, John Hume, said Congress could pass legislation against the ICC if it pursued warrants.
The ICC issued a statement in May objecting to efforts by unspecified elements to “impede, intimidate, or improperly influence its officials.”
Khan himself is now facing an inquiry over allegations of sexual misconduct from a former colleague. He denies the charges.
The ICC warrants require more than 120 signatories to the Rome Statute to arrest Netanyahu or Gallant if they enter their territory, including the UK and most European countries. The US, Israel, and Russa are not signatories.
Gaza-based human rigths group Al Mezan welcomed the ruling.
“We welcome the unanimous decision of ICC Pre-Trial Chamber I to issue arrest warrants for Israel’s Prime Minister Netanyahu and former Defense Minister Gallant,” the group said in a statement. “While these warrants are long overdue, we call on all State Parties to the Rome Statute to fulfill their legal obligations to ensure their prompt execution.”
Israeli ministers said the charges were antisemitic. “This is modern antisemitism in the guise of justice,” tweeted Transport Minister Miri Regev, calling the warrants “a legal absurdity.”
“Israel will not apologize for protecting its citizens. This is not a crime, this is our national and moral duty,” she added.
Amnesty International called for the UK government to take any opportunity to enforce the warrants.
“In opposition the Foreign Secretary said in government his party would comply with any arrest warrants issued by the International Criminal Court, and we now need to see Mr Lammy and the whole UK government unequivocally backing this vitally important move by the ICC,” said Sacha Deshmukh, Amnesty International UK’s Chief Executive.
“The UK’s standing as a genuine supporter of the rule of law requires consistency and even-handedness – if war crimes are wrong when carried out by Russian forces in unlawfully-occupied Ukraine, then they’re equally wrong when carried out by Israeli forces in unlawfully-occupied Palestinian territory.
“In compliance with their international legal obligations, the UK authorities should be prepared to make swift arrests if Benjamin Netanyahu or Yoav Gallant step foot on British soil.”
This story is being updated
