Judges at the International Criminal Court (ICC) have issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif.
In a statement, the ICC revealed that its pre-trial chamber had dismissed Israel’s objections to its jurisdiction and approved the arrest warrants. While the Israeli military has claimed Deif was killed in an airstrike in Gaza in July, the ICC prosecution noted it was not in a position to confirm his death
The judges stated there were “reasonable grounds” to believe that Netanyahu, Gallant, and Deif bear “criminal responsibility” for alleged war crimes and crimes against humanity during the conflict between Israel and Hamas. Both Israel and Hamas have rejected the accusations.
The enforcement of the warrants now depends on the ICC’s 124 member states, which do not include Israel or its key ally, the United States.
ICC Prosecutor Karim Khan had sought warrants in May against Netanyahu, Gallant, Deif, and two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, both of whom have since been killed. The case focuses on the events of 7 October 2023, when Hamas gunmen launched an attack on southern Israel, killing approximately 1,200 people and taking 251 hostages back to Gaza. Israel’s subsequent military campaign in Gaza has resulted in over 44,000 deaths, according to the Hamas-run health ministry in the territory.
The ICC found “reasonable grounds” to believe that Deif was
“responsible for the crimes against humanity of murder; extermination; torture; and rape and other forms 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.”
The court also concluded that the crimes against humanity were
“part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel.”
Regarding Netanyahu and Gallant, who was replaced as defence minister earlier this month, the chamber stated there were “reasonable grounds to believe” that they bear criminal responsibility as co-perpetrators for the war crime of “starvation as a method of warfare” and the crimes against humanity of “murder, persecution, and other inhumane acts.”
Additionally, the judges found grounds to assert that Netanyahu and Gallant, as civilian superiors, were responsible for “intentionally directing an attack against the civilian population.”
There was no immediate response from Netanyahu, Gallant, or Hamas following the ICC’s announcement.
Reacting to the development, Israeli President Isaac Herzog criticised the ICC’s decision, calling it an “outrageous” ruling taken in “bad faith.” He said,
“The decision has chosen the side of terror and evil over democracy and freedom, and turned the very system of justice into a human shield for Hamas’ crimes against humanity.”
Meanwhile, Palestinian politician Mustafa Barghouti welcomed the ICC’s move, saying,
“We also call on the International Court of Justice to expedite its ruling on Israel committing the crime of genocide,” referring to an ongoing case being heard by the UN’s top court.