ICC issues arrest warrants for Netanyahu, Gallant, and Hamas officials over Gaza war crimes

A three-judge ICC panel unanimously ruled there are “reasonable grounds to believe” that Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

The charges stem from allegations that Israeli policies during the Gaza conflict amounted to violations of international law. ICC Chief Prosecutor Karim Khan accused the Israeli leadership of implementing systematic measures to block essential supplies to Gaza through border closures.

The ICC also issued arrest warrants for Hamas leaders Mohammed Deif, Yahya Sinwar, and Ismail Haniyeh. They face charges of murder, extermination, taking hostages, torture, and rape related to the October 7, 2023, Hamas-led attacks in southern Israel, which killed approximately 1,200 people and saw 250 others abducted.

Deif, described as the top commander of Hamas’ military wing, is specifically accused of crimes against humanity and war crimes, including murder, torture, and sexual violence. However, warrants for Haniyeh and Sinwar were later withdrawn following their reported deaths in Israeli operations.

Netanyahu and Gallant, along with Israeli leaders, have condemned the ICC’s actions. Netanyahu labelled the warrants “disgraceful and antisemitic,” while Israel’s Foreign Ministry challenged the court’s jurisdiction, arguing it bypassed Israel’s legal system. Ministry spokesperson Oren Marmorstein wrote on X (formerly Twitter): “No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner.”

The United States, a key Israeli ally and non-member of the ICC, has also criticised the prosecutor’s actions. President Joe Biden voiced support for Israel, asserting its right to defend itself against Hamas.

Israel is not a member state of the ICC, and its lack of cooperation complicates enforcement. The court does not have its own police force and relies on member states to detain suspects. Although the warrants could restrict international travel for Netanyahu and Gallant, enforcement remains uncertain, as shown by Russian President Vladimir Putin’s ability to travel despite an ICC warrant against him.

Human rights organisations have praised the ICC’s move. Balkees Jarrah, associate international justice director at Human Rights Watch, called the warrants a significant step, stating: “The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law.”