The International Criminal Court (ICC) on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and a senior Hamas official, accusing them of committing war crimes during the recent conflict between Israel and Hamas.
The ICC, headquartered in The Hague, stated it had “reasonable grounds” to allege that the Israeli Prime Minister was involved in war crimes.
Key Details
The court claimed it found “reasonable grounds” to hold Netanyahu and Gallant criminally responsible for employing starvation as a method of warfare during the conflict. It accused them of creating conditions in Gaza designed to “bring about the destruction of part of the civilian population.”
The warrant also named senior Hamas leader Mohammed Deif, accused of crimes against humanity and war crimes. These charges include murder, torture, rape, and hostage-taking linked to Hamas’ attack on Israel on October 7, 2023. Israeli forces had earlier reported Deif’s death in an airstrike in July.
Israel’s foreign ministry disputed the ICC’s jurisdiction, arguing in September that the court did not allow Israel sufficient time to investigate the allegations before issuing the warrants. The ICC dismissed this challenge.
Criticism
Israeli Foreign Minister Gideon Sa’ar sharply criticized the ICC, labeling the court as a “political tool” undermining peace and stability in the Middle East. Similarly, Israel’s National Security Minister Itamar Ben-Gvir called the warrants a “disgrace.”
Enforcement Challenges
The ICC relies on member states that recognize its jurisdiction to enforce arrest warrants. Countries like the U.S. and China do not acknowledge the court’s authority and are unlikely to act. Even in jurisdictions where the ICC holds sway, enforcement is uncertain. For example, Mongolia did not detain Russian President Vladimir Putin during a visit, despite an ICC warrant against him.
Background
The ICC began signaling its intentions in May to pursue warrants for several Israeli and Hamas leaders, including Netanyahu, over alleged war crimes committed on October 7 and during the Gaza conflict. Chief prosecutor Karim Khan accused the Israeli leadership of “causing extermination” in Gaza.
Founded in 2002, the ICC prosecutes cases involving genocide, war crimes, and crimes against humanity but lacks the power to enforce its decisions directly. The U.S. previously warned against such warrants, suggesting they could derail peace efforts. President Joe Biden criticized the ICC’s move, calling it “outrageous” to equate Israel’s actions with those of Hamas. Secretary of State Antony Blinken similarly argued it could harm negotiations for a ceasefire and the release of hostages.
