ICC issues arrest warrants for Netanyahu, Gallant, Hamas commander over alleged war crimes

Judges at the International Criminal Court (ICC) have issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas’s military commander Mohammed Deif.

The court’s pre-trial chamber rejected Israel’s objections to its jurisdiction and confirmed the warrants.

The judges stated there were “reasonable grounds” to believe the three men were criminally responsible for alleged war crimes and crimes against humanity during the conflict between Israel and Hamas. Both Israel and Hamas have denied the charges.

In response, the Israeli prime minister’s office condemned the ICC’s decision as “antisemitic,” while Hamas referred to the warrants for Netanyahu and Gallant as setting an “important historical precedent.”

The enforcement of these warrants now rests with the 124 member states of the ICC, which notably do not include Israel or the United States.

In May, the ICC prosecutor Karim Khan had sought warrants for Netanyahu, Gallant, Deif, and two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, who have since been killed. While Israel believes Deif is dead, the chamber noted that the prosecution had not been able to confirm his status.

The case is based on the October 7, 2023, Hamas attacks in southern Israel, which resulted in the deaths of about 1,200 people and the abduction of 251 hostages.

In retaliation, Israel launched a military campaign against Hamas, which has led to at least 44,000 deaths in Gaza, according to the Hamas-run health ministry.

According to the ICC, the chamber “found reasonable grounds to believe” that Deif was “responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence”.

It also said there were reasonable grounds to believe the crimes against humanity were “part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel”.

For Netanyahu and Gallant, who was replaced as defence minister earlier this month, the chamber “found reasonable grounds to believe” that they “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”.

It also found reasonable grounds to believe that “each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population”.

The Israeli prime minister’s office condemned the ICC’s decision as “antisemitic” and “equivalent to the modern Dreyfus trial” – a reference to the trial of a Jewish army officer on trumped-up spying charges in 19th Century France that triggered a national crisis.

“Prime Minister Binyamin Netanyahu will not yield to pressure, will not be deterred, and will not retreat until all the war goals set by Israel at the beginning of the campaign [in Gaza] are achieved.”

There was no immediate reaction from Gallant. But in May he strongly rejected the ICC prosecutor’s arrest warrant requests, saying they had drawn a “despicable” parallel between Israel and Hamas and had attempted to deny his country’s right to self-defence.

Israeli President Isaac Herzog called the chamber’s decision “outrageous”, and said the ICC had “turned universal justice into a universal laughing stock”.

“The decision has chosen the side of terror and evil over democracy and freedom, and turned the very system of justice into a human shield for Hamas’ crimes against humanity,” he added.

Hamas has expressed support for the arrest warrants issued for Israeli Prime Minister Netanyahu and former Defence Minister Gallant, describing them as an “important historical precedent” and a “correction to a long path of historical injustice” against their people.

The group also urged global nations to enforce the warrants and take action against what it termed “genocide against defenceless civilians in the Gaza Strip.”

Israel, however, has strongly rejected the allegations of genocide, insisting that its military operations in Gaza are aimed at defending itself against Hamas and other militant groups.