In a significant legal development, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military wing leader Mohammed Deif on charges of war crimes in Gaza, urging member states to enforce the warrants.
The ICC accused Netanyahu and Gallant of criminal responsibility for war crimes and crimes against humanity, including starvation as a method of warfare, murder, persecution, and deliberate attacks on civilians.
The court also issued an arrest warrant for Mohammed Deif, accusing him of murder, extermination, torture, sexual violence, and issuing orders inciting such acts.
In a press statement, ICC Prosecutor Karim Khan said, “Today, our thoughts and focus must be on the victims of international crimes in Israel and the State of Palestine.”
He added, “During my meetings with victims, families of hostages taken from kibbutzim, and victims from Gaza who lost many loved ones, I reiterated that the law applies to all and exists to defend everyone’s rights.”
International Reactions
Some countries supported the ICC’s decision, while others strongly rejected it, and a few maintained a neutral stance.
The Netherlands expressed readiness to enforce the arrest warrants, Belgium emphasized the EU’s obligation to comply with the decision and called for economic sanctions. Sweden and Norway supported the ICC, and Ireland called for safeguarding its integrity.
Conversely, Israel strongly rejected the decision, labeling the ICC as “politically biased.” The U.S. expressed its support for Israel, with President Biden describing the decision as biased. Former Defense Minister Gallant criticized the ruling, while opposition leader Yair Lapid called it a “reward for terrorism.”
Neutral countries like France announced their support for the ICC in principle but refrained from commenting on arrest enforcement. The UK affirmed its respect for the court’s independence, while Italy said it would review the decision with allies, commending the ICC’s role as a legal body.
Legal and Diplomatic Implications
The arrest warrants restrict the accused’s movements and represent a moral victory for Palestinians amidst the humanitarian crisis and escalating tensions in Gaza.
Member states of the ICC are legally obligated to detain Netanyahu and Gallant if they enter their territories, limiting their travel to ICC-supporting countries.
Analysts see this as a “moral victory” for Palestinians, despite Israel’s refusal to acknowledge the court’s jurisdiction. They note that Palestine’s accession to the Rome Statute in 2015 enabled investigations into alleged Israeli violations.
The ICC’s decision comes amid a severe humanitarian crisis in Gaza, where the Israeli offensive, ongoing since October last year, has resulted in over 44,000 Palestinian deaths and the displacement of thousands. The United Nations has called for immediate humanitarian corridors to alleviate the suffering.