Thursday November 21, 2024
Israeli Defense Minister Yoav Gallant (left) and Prime Minister Benjamin Netanyahu (right) are seen during a visit to a military site. Both leaders are facing arrest warrants issued by the International Criminal Court (ICC) over alleged war crimes during the Gaza conflict.
Mogadishu (HOL) — The International Criminal Court (ICC) issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif, accusing them of war crimes and crimes against humanity during the Gaza conflict.
The ICC’s Pre-Trial Chamber I found “reasonable grounds” to believe that Netanyahu and Gallant were responsible for policies that deprived Gaza’s civilian population of essential resources, including food, water, and medical supplies. The alleged crimes occurred from October 8, 2023, to May 20, 2024, during Israel’s military operations in Gaza.
Israel has contested the ICC’s jurisdiction. The Pre-Trial Chamber unanimously dismissed Israel’s challenges, affirming that the court’s jurisdiction extends to Gaza, the West Bank, and East Jerusalem under the State of Palestine’s 2015 accession to the Rome Statute.
“The acceptance by Israel of the Court’s jurisdiction is not required,” the chamber stated, referencing Palestine’s territorial jurisdiction as a basis for its decision.
The chamber detailed allegations that Netanyahu and Gallant engaged in the “intentional deprivation of objects indispensable to survival,” violating international humanitarian law. These actions reportedly led to malnutrition, dehydration, and the deaths of civilians, including children.
“The Chamber found reasonable grounds to believe that the lack of food, water, electricity, and fuel created conditions calculated to bring about the destruction of part of the civilian population in Gaza,” the court’s statement read. It further accused the two leaders of intentionally blocking humanitarian aid and targeting civilians.
Additionally, the ICC stated that medical supply shortages, including anesthetics, forced doctors to operate under dire conditions, inflicting extreme pain and suffering. The chamber classified these acts as inhumane, constituting crimes against humanity.
“These warrants are a step toward holding individuals accountable for grave violations of international law,” said ICC prosecutor Karim Khan.
The ICC also issued a warrant for Mohammed Deif. The shadowy commander has led Hamas’ military wing, the Qassam Brigades, for over two decades. He is charged with crimes against humanity and war crimes, including murder, torture, hostage-taking, and orchestrating the October 7, 2023, attacks on Israel that killed over 1,100 people. Born in 1965 in the Khan Younis refugee camp, he rose to prominence during the first Intifada and is credited with developing Hamas’s tunnel networks and bomb-making expertise. While Israel claims to have killed Deif in an airstrike, the ICC noted that the charges remain active until independently verified.
Israeli President Isaac Herzog called the move “a dark day for humanity,” accusing the court of aligning with terrorism. Opposition leader Yair Lapid described the warrants as “a reward for terror,” while former Prime Minister Naftali Bennett labelled the ICC’s actions “a mark of shame.”
The ICC investigation into the situation in Palestine began in 2021, following Palestine’s 2015 accession to the Rome Statute. The probe was expanded in January 2024 after additional referrals from countries including South Africa, Bangladesh, and Mexico.
The arrest warrants mark the first time the ICC has issued warrants against leaders of a U.S. ally and a democratic nation.
In the U.S., the Biden administration, which describes itself as Israel’s “greatest ally,” will likely reject the ICC’s decision and jurisdiction over Israel. Incoming Senate Majority Leader John Thune threatened sanctions against the court, describing the warrants as “politically motivated.”
Conversely, Palestinian officials and human rights groups welcomed the warrants as a step toward accountability for the humanitarian crisis in Gaza, where over 41,000 Palestinians, including civilians, have died since the conflict began.
“This is an extraordinary, exceptional day for justice,” said Al Jazeera’s senior political analyst Marwan Bishara. “The ICC’s willingness to target Western allies signals a shift in its approach to accountability.”
Bishara emphasized the potential impact on Netanyahu’s international standing, noting that he could face arrest if he travels to any of the ICC’s 124 member states.
Israel, which is not a signatory to the Rome Statute and rejects the ICC’s jurisdiction, is unlikely to cooperate. Enforcement depends on the willingness of ICC member states to execute arrests, potentially curtailing Netanyahu and Gallant’s international movements.
