The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military commander Mohammed Deif over alleged war crimes and crimes against humanity. This marks the first time in the ICC’s history that senior officials from a Western-allied nation have faced such charges.
The Hague-based court announced the warrants six months after Chief Prosecutor Karim Khan filed the request. The charges against the accused stem from actions during the ongoing conflict between Israel and Hamas, which escalated dramatically on October 7, 2023.
Charges Against Netanyahu and Gallant
Netanyahu and Gallant are accused of depriving Gaza’s civilian population of essential resources, including food, water, medicine, and electricity, during the siege of Gaza from October 8, 2023, to May 2024. The ICC judges found “reasonable grounds” to believe this amounted to the war crime of starvation and crimes against humanity, including murder and persecution.
The court highlighted the severe impact of restrictions on humanitarian aid, which hindered access to clean water and medical care, exacerbating the suffering of Gaza’s civilians. The judges stated that even when Israel permitted humanitarian aid into Gaza, it was insufficient to meet the population’s needs, violating international obligations.
Charges Against Mohammed Deif
Mohammed Deif, the Hamas military leader, faces charges of war crimes and crimes against humanity, including murder, extermination, and hostage-taking. The charges are linked to the October 7, 2023, attacks by Hamas on southern Israel, including the Supernova music festival and nearby communities. The attacks led to mass civilian deaths and the abduction of over 250 people, including children and the elderly.
Deif is also accused of orchestrating acts of torture, rape, and other forms of sexual violence against captives. While Hamas claimed the hostages were intended to negotiate the release of Palestinian prisoners, the ICC described these actions as violations of international humanitarian law.
ICC’s Decision and Reactions
The ICC’s Pre-Trial Chamber I rejected Israel’s jurisdictional challenges, stating that crimes committed in occupied Palestine fall within its purview. The court has made the arrest warrants public to ensure transparency and emphasize the ongoing nature of the alleged crimes.
The issuance of the warrants has been met with varied reactions:
- Proponents of Justice: Legal representatives of Palestinian victims hailed the decision as a historic step toward accountability, emphasizing the importance of addressing crimes regardless of political power.
- Israeli Officials: Israeli leaders, including President Isaac Herzog, condemned the warrants, calling them “outrageous” and accusing the ICC of undermining its credibility.
- Hamas: Hamas welcomed the move but urged the ICC to expand its accountability efforts to other Israeli leaders.
Enforcement Challenges
While the ICC does not have enforcement powers, its 124 member states are obligated to arrest and transfer the accused to The Hague. Countries such as France and the Netherlands have expressed readiness to cooperate, though political and diplomatic challenges remain.
This development underscores the ICC’s determination to pursue accountability for actions in the Israel-Palestine conflict, despite intense international scrutiny and political pressures.