ICC Issues Arrest Warrants against Netanyahu, Hamas Leaders for War Crimes
NEW DELHI, Nov 21: The International Criminal Court on Thursday issued arrest warrants against the Israeli Prime Minister Benjamin Netanyahu, his former Defence Minister and Hamas officials, accusing them of war crimes and crimes against humanity during their 13-month war in Gaza and attack on Israel in October, 2023, respectively.
Mr Netanyahu’s office rejected the ICC decision describing them as “anti-Semitic.” “Israel rejects with disgust the absurd and false actions levelled against it by ICC,” his office said in a statement, adding Israel won’t “give in to pressure” in the defence of its citizens.
The decision turns Mr Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a ceasefire to end the fighting. But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and two of the Hamas officials were killed in the conflict.
Mr Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor Karim Khan’s request for warrants as disgraceful and “anti-Semitic.” U.S. President Joe Biden blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.
The three-judge panel issued a unanimous decision to issue warrants against Mr Netanyahu and his former defence minister Yoay Gallant. “The Chamber considered that there are reasonable grounds to believe that both individuals 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 decision said.
The court also issued a warrant against Mohammed Deif, one of the leaders of Hamas, over the October 2023 attacks that triggered Israel’s offensive in Gaza. The ICC chief prosecutor withdrew his request for warrants for two other senior Hamas figures Yahya Sinwar and Ismail Haniyeh after they were killed in the conflict. The Israeli Foreign Ministry said in September 2024 that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.
“No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the Prosecutor,” Foreign Ministry spokesperson Oren Marmorstein wrote on X. He said Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy.
The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court. The country has struggled to investigate itself in the past, rights groups say.
Despite the warrants, none of the suspects is likely to face judges in The Hague anytime soon. The court itself has no police to enforce warrants, instead relying on cooperation from its member states.
Even so, the threat of arrest could make it difficult for Mr Netanyahu and Mr Gallant to travel abroad, although Russian President Vladimir Putin, who is wanted on an ICC warrant for alleged war crimes in Ukraine, recently showed he could still visit an ally when he travelled to Mongolia, one of the court’s member states, and was not arrested.
Member countries are required to detain suspects if a warrant has been issued if they set foot on their soil, but the court lacks a mechanism to enforce its warrants. Mr Khan had sought warrants in May, accusing Mr Netanyahu and Mr Gallant of crimes including murder, intentionally attacking civilians, and persecution.
In a statement at the time, Mr Khan alleged that Israel “has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival” by closing border crossings into the territory and restricting essential supplies including food and medicine.
At the same time, he accused three Hamas leaders — Sinwar, Deif and Haniyeh — of crimes linked to the October 7, 2023 attacks, when Hamas-led militants stormed into southern Israel, killing some 1,200 people and abducting another 250. The three leaders are accused of crimes including murder, extermination, taking hostages, rape and torture.
“The Chamber found reasonable grounds to believe that Mr Deif, born in 1965, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is 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 forms of sexual violence,” a statement said.
(Manas Dasgupta)
