The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former Defense Minister Yoav Gallant and a senior Hamas leader, accused of war crimes and crimes against humanity.
This is the first time that Netanyahu or an Israeli official has been indicted by an international court for the ongoing war against Gaza.
In a decision published online Thursday, the ICC indicted Netanyahu, Gallant and Hamas leader Mohammed Deif for the October 7, 2023 Hamas attacks on Israel and Israel’s genocidal war in Gaza. Israel, however, claimed to have killed Deif in July. It is unknown if he is still alive.
Indeed, the accused are now internationally wanted suspects and ICC member states have a legal obligation to arrest them.
Israeli officials criticized the decision, calling it “anti-Semitic.” Here’s what it all means:
What is the ICC accusing Netanyahu and Gallant of?
In a ruling posted online, the court said it had issued arrest warrants for Netanyahu and Gallant for “crimes against humanity and war crimes committed between at least October 8 and at least May 20, 2024.” » and linked to the use of starvation and the deliberate targeting of medical facilities.
The court’s prosecutor, Karim Khan, first requested the arrest warrants in May. The court says there are reasonable grounds to believe that Netanyahu and Gallant bear “criminal responsibility” for causing mass famine in Gaza.
The court accused Netanyahu and Gallant of jointly using “starvation as a method of war”, referring to Israel’s systemic restriction of the supply of food and humanitarian aid to the Gaza Strip throughout the war .
The ICC further accused the two leaders of “crimes against humanity of murder, persecution and other inhumane acts” and referred to Israel’s deliberate targeting of hospitals in Gaza and its refusal to allow the entry of humanitarian and medical supplies into the strip.
What happens next? Does the ICC have a case to defend?
The indictment means there will be a trial if the arrests are made. There will be no trial until this takes place, as the court does not have the power to hold a trial “in absentia”.
Speaking to Tel Aviv Tribune after the arrest warrants were announced, political analyst Neve Gordon, professor of human rights law at Queen Mary University of London and vice-president of the British Society for Middle East Studies, said the ICC has a strong case and that proving the Israeli leadership’s intention to weaponize food will be quite simple.
“Israel has used famine as a weapon in the Gaza Strip for almost 20 years,” Gordon said. “I think the intention to use food as a weapon is clear in the statements of Israeli leaders and in the practices of the Israeli army, and I think it will be easy to prove. »
All 36 hospitals in the Gaza Strip were targeted, he added, and ambulances and medical staff were hit during the near-relentless bombardment on the Strip, as reported by Tel Aviv Tribune. Gordon said the evidence would help bolster the ICC prosecutor’s case.
Concretely, will this change anything?
It’s possible. Netanyahu and Gallant will find it difficult to travel abroad as they did before Thursday because they could be arrested. Indeed, the 124 countries that are signatories to the Rome Statute of the International Criminal Court are legally required to arrest them if they travel to these countries.
However, this would not apply to the United States. Washington and Israel are not subject to ICC obligations because they are not members of the Court. In practice, it is unlikely that Netanyahu or Gallant will be handed over to the ICC if they travel to the United States.
Furthermore, the ICC has no enforcement powers and does not have its own police force. The court also issued an arrest warrant for Russian President Vladimir Putin in March 2023 for Russia’s invasion of Ukraine, but Putin was not arrested.
Despite this, human rights organizations welcomed the decision to issue arrest warrants. Balkees Jarrah, senior advisor at Human Rights Watch, said: “The ICC’s arrest warrants for senior Israeli leaders and a Hamas official shatter the perception that some individuals are beyond the reach of the law.
“The ICC’s ability to effectively fulfill its mandate will depend on the willingness of governments to uphold justice, regardless of where and who commits abuses. These mandates should finally push the international community to combat atrocities and ensure justice for all victims in Palestine and Israel.
Analysts also believe that the ICC decision has far-reaching implications for Western countries, particularly the United States and European countries such as Germany and the United Kingdom, which supply arms to Israel.
“By issuing the arrest warrant, the ICC also made a certain demand to Western countries,” political analyst Gordon told Tel Aviv Tribune. “If Israeli leaders are accused of crimes against humanity, this means that the weapons that European countries send are used to commit crimes. Western countries must now reassess their trade agreements.”
Which Hamas leader is the subject of an arrest warrant?
The ICC also issued an arrest warrant for Hamas leader Mohammed Deif, also known as Mohammed Diab Ibrahim al-Masri, for his role in the October 7 Hamas attack on former -military posts and villages in southern Israel, which resulted in the deaths of several people. 1,139 people and the capture of more than 250 people. However, the Israeli military claimed to have killed Deif in July this year.
Deif was the leader of Hamas’s military wing, the Qassam Brigades. Hamas has not confirmed the commander’s assassination.
What were the reactions to the arrest warrants?
Israeli officials immediately criticized the decision to issue arrest warrants, saying Israel had the right to defend itself and calling the move “anti-Semitic.”
In an article on X, opposition leader Yair Lapid condemned the court’s decision, calling Israel’s war on Gaza a fight for its life “against terrorist organizations.”
Former Defense Minister Avigdor Lieberman also spoke out against the move, writing on X that it demonstrates “the double standards and hypocrisy” of the international community.
“The State of Israel will not apologize for protecting its citizens and is committed to continuing to fight terrorism without compromise,” Lieberman said.
U.S. President Joe Biden in May criticized court prosecutors’ decision to seek arrest warrants and said the United States would stand with Israel. The United States did not comment on the developments on Thursday.
