The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military leader Mohammed Deif, citing their alleged involvement in war crimes during the Gaza conflict. This marks the first time leaders of a democratic, western-aligned state have been charged by the ICC.
Netanyahu and Gallant face potential arrest if they visit any of the 124 countries that are signatories to the Rome Statute, which established the court. The ICC claims there is evidence suggesting their criminal responsibility for war crimes such as starvation as a method of warfare, as well as crimes against humanity like murder and persecution.
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Meanwhile, US President Joe Biden condemned the warrants, calling them “outrageous,” while Netanyahu rejected the charges, labeling the ICC a biased institution. The decision has sparked significant political tensions, with both the US and Israel strongly opposing the ICC’s move.
“The United States has made it clear that it does not recognize the ICC’s jurisdiction over this case. In collaboration with Israel and other partners, we are evaluating the next steps,” said a US spokesperson.
While the US previously supported ICC warrants for Russian officials involved in atrocities in Ukraine, the decision has sparked criticism from many UN members, particularly from the global south, accusing the Biden administration of double standards.
Netanyahu is likely to receive strong backing from the incoming Donald Trump administration, which previously imposed sanctions on the ICC in 2020, particularly targeting officials investigating US and Israeli military actions. The UK is expected to comply with an arrest request if Netanyahu visits, although they have not confirmed this explicitly, only stating they would respect the court’s independence.
The ICC’s ruling, which remains largely secret to protect witnesses, focuses on the obstruction of humanitarian aid to Gaza. The court found reasonable grounds to believe that Netanyahu and Gallant deliberately deprived Gaza’s civilian population of essential supplies like food, water, medicine, fuel, and electricity.
Human rights groups widely welcomed the ICC’s decision to issue arrest warrants for Israeli leaders, with Balkees Jarrah from Human Rights Watch stating that it would challenge the perception that some individuals are beyond legal accountability. She emphasized that the effectiveness of the ICC depends on global support for justice, regardless of who commits the abuses, and urged the international community to address atrocities and secure justice for all victims in both Palestine and Israel.
Israel has denied committing war crimes in Gaza and rejected the ICC’s jurisdiction. However, the court pointed out that Palestine has been a member of the ICC since 2015, and therefore, Israeli approval was not needed for the investigation into crimes committed in Palestinian territories. The ICC also dismissed Israel’s appeal to delay the warrants, as Israel had been aware of the ICC’s investigation since 2021 and chose not to request a deferral.
The ICC found reasonable grounds to believe that Hamas leader Mohammed Deif was responsible for war crimes and crimes against humanity, including murder, torture, and sexual violence. The court had sought warrants for two other senior Hamas leaders, Yahya Sinwar and Ismail Haniyeh, but they were reportedly killed during the conflict. Israel’s claim of killing Deif remains unconfirmed by Hamas.
In Israel, political figures like Benny Gantz and Yair Lapid condemned the ICC’s decision, calling it a morally blind move and a reward for terrorism. At the same time, the warrants come amid an investigation into allegations of sexual misconduct against ICC prosecutor Karim Khan, adding further complexity to the situation.
While the warrants may increase pressure on Netanyahu’s government, especially with the US pushing for a ceasefire, they could also bolster his position domestically, as many Israelis view the ICC’s jurisdiction as foreign interference. Meanwhile, Biden has criticized Netanyahu for not doing enough to secure a ceasefire, while Netanyahu continues to accuse Hamas of not negotiating in good faith.
