The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for crimes against humanity perpetrated in Gaza.
In a ruling today the court said these crimes included:
- Starvation as a method of warfare: The court found reasonable grounds to believe that Netanyahu and Gallant intentionally deprived the civilian population in Gaza of essential goods like food, water, and medical supplies from October 8, 2023, to May 20, 2024.
- Crimes against humanity: Specifically, murder, persecution and other inhumane acts linked to the conditions in Gaza that led to civilian deaths due to lack of basic necessities.
- Intentional attacks against civilians: The warrants also covered the crime of intentionally directing attacks against the civilian population.
The ICC also issued an arrest warrant for Hamas military leader Mohammed Deif, who Israel claims it killed in an air strike in July. Hamas has not confirmed this.
The warrant alleges that Deif committed crimes by on October 7, 2023. These alleged crimes include:
- Murder, extermination, torture, rape and other sexual violence as part of a widespread and systematic attack against Israeli civilians.
- Hostage taking: Civilians, including children and elderly, were seized with the intent of using them as leverage for negotiations.
Hamas said that the International Criminal Court’s issuance of arrest warrants for Netanyahu and Gallant are an “important step towards justice.”
“[It is] an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” Hamas political bureau member Bassem Naim said in a statement.
Meanwhile, the Israeli Prime Minister’s office called the issuance of an arrest warrant against him by the International Criminal Court for alleged war crimes “antisemitic.”
Subscribe to our newsletter and stay updated on the latest news and updates from around the Muslim world!
A statement from the office also equated the decision to a “modern-day Dreyfus trial,” referring to an incident in France around the turn of the 20th century in which a French military man of Jewish descent was wrongfully convicted of treason.
“No anti-Israel decision will prevent the State of Israel from defending its citizens. The PM will not succumb to pressure, will not be deterred, and will not retreat until all the war objectives set by Israel at the start of the campaign are achieved”, the statement continued.
“Israel vehemently rejects the absurd and false actions and accusations against it by the International Criminal Court, a biased and discriminatory political body.”
Practical implications
The ICC arrest warrant against Benjamin Netanyahu and Yoav Gallant has several practical implications including a combination of legal risks, political implications, and symbolic significance, with the actual enforcement depending heavily on international politics and the actions of ICC member states.
Theoretically, Netanyahu and Gallant could face arrest in any of the 124 countries that are signatories to the Rome Statute, which established the ICC. This means if they travel to these countries, they risk being detained and potentially extradited to The Hague for trial.
However, countries often have discretion on whether to enforce these warrants, especially in politically sensitive cases.
But the issuance of an arrest warrant by the ICC symbolises a significant international acknowledgment that there are credible allegations of war crimes and crimes against humanity against them. This can impact their international standing, potentially affecting diplomatic relations and personal travel.
While the likelihood of Netanyahu or Gallant being arrested and tried in the near future might be low due to political and logistical reasons, the warrants remain active indefinitely. They could come into play if there’s a change in political circumstances, like a change in government or international pressure.
And even if not immediately enforceable, these warrants serve as a moral judgment and could influence public opinion both internationally and within Israel. This can affect how Netanyahu and Gallant are perceived globally, especially in nations where there is sympathy for the Palestinian cause or where there’s a strong commitment to international law.
