The Hague, Netherlands – The International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, as well as Hamas’s military chief Mohammed Deif.
The unprecedented move drew a furious reaction from Netanyahu, who said in a statement: “Israel rejects with disgust the absurd and false actions and accusations made against it.”
The ICC’s move now theoretically limits the movement of Netanyahu as any of the court’s 124 national members would be obliged to arrest him on their territory.
“The Chamber issued warrants of arrest for two individuals, Mr. Benjamin Netanyahu and Mr. Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest,” the ICC said in a statement.
A warrant had also been issued for Deif, it added.
Israel said in early August it had killed Deif in an air strike in southern Gaza in July, but Hamas has not confirmed his death.
The court said it had pressed on with issuing the arrest warrant as the prosecutor had not been able to determine whether Deif was dead.
‘Reasonable grounds’
The court said it had found “reasonable grounds” to believe Netanyahu and Gallant bore “criminal responsibility” for the war crime of starvation as a method of warfare, as well as the crimes against humanity of murder, persecution, and other inhumane acts.
The ICC said the pair also “bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population”.
The court alleged both men “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival”, including food, water, medicine, fuel, and electricity.
Regarding the war crime of starvation, the court said the “lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza”.
This resulted in civilian deaths including of children, due to malnutrition and dehydration, the court charged.
“On the basis of material presented by the Prosecution covering the period until 20 May 2024, the Chamber could not determine that all elements of the crime against humanity of extermination were met,” the court said.
However, judges did say there were reasonable grounds to believe that the crime against humanity of murder had been committed about these victims.
Veteran war crimes prosecutor and commentator Reed Brody said the warrants were “as unprecedented as they are justified and overdue”.
“The ICC has never, in over 21 years, indicted a pro-Western official,” he said.
Hamas said the warrants for the Israeli officials were an “important step towards justice”.
‘Secret’ warrants
The court said the arrest warrants had been classified as “secret” to protect witnesses and safeguard the conduct of the investigations.
“However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing,” the tribunal said.
“Moreover, the Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants’ existence.”
ICC chief prosecutor Karim Khan in May requested the court issue arrest warrants for Netanyahu and Gallant over alleged war crimes and crimes against humanity in Gaza.
Netanyahu sacked Gallant as defense minister on November 5.
Khan also sought warrants against top Hamas leaders including Mohammed Deif on suspicion of war crimes and crimes against humanity.
The prosecutor dropped the application for Ismail Haniyeh, the group’s political leader, on August 2 “because of the changed circumstances caused by Mr Haniyeh’s death” in Tehran on July 31, the ICC earlier said in a statement.
Khan also requested warrants against former Hamas leader Yahya Sinwar, who was also killed by the Israeli military in Gaza.
Since Hamas conducted its October 7, 2023 attack, the deadliest in Israeli history, Israel has been fighting a war in Gaza, which the fighter group rules.
The war was triggered by the assault on Israel by Hamas fighters. This stunning cross-border raid resulted in the deaths of 1,206 people, mostly civilians, according to an AFP tally of Israeli official figures.
The Hamas government’s health ministry in the Gaza Strip said Thursday that at least 44,056 people had been killed in more than 13 months of war between Israel and Palestinian militants.
The toll includes 71 deaths in the previous 24 hours, according to the ministry, which said 104,268 people had been wounded in the Gaza Strip since the war began.