Arrest warrant issued for Netanyahu over Israel’s war in Gaza by International Criminal Court
The International Criminal Court (ICC) has issued an arrest warrant for Israeli prime minister Benjamin Netanyhu, accusing him of crimes against humanity war crimes over the war in Gaza
The court has also issued arrest warrants for Israel’s former defence minister Yoav Gallant and Hamas leader Mohammed Deif. Israel said in August it had killed Deif in an air strike in Gaza earlier this year.
The conflict in Gaza was trigged by a terrort attack by Hamas on 7 October 2013, during which around 1,200 Israelis were killed, while another 251 people were taken hostage. Israel’s retaliatory war from land and air, alongside a blockade, has killed 44,000 Palestinians, the majority women and childen, according to health authorities inside the besieged territory. Around 90 per cent of Gaza’s 2.3 million residents have been forced from their homes.
The move is a dramatic escalation of legal proceedings over the war in Gaza as it turns Mr Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a ceasefire to end the 13-month conflict. It means that ICC’s 124 member states – including the UK – would be obliged to arrest Mr Netanyahu and Mr Gallant if they were to enter their territory.
In May, the ICC prosecutor Karim Khan sought warrants for Mr Netanyahu, Mr Gallant, Deif and two other Hamas leaders who have since been killed, Ismail Haniyeh and Yahya Sinwar. Although Israel believes Deif has also been killed, the chamber said it was not able to confirm his death. Mr Khan accused the Hamas leaders of crimes against humanity and war crimes including extermination, murder, the taking of hostages, rape and torture
However, the court itself has no police to enforce warrants – of which Israel and its major ally, the US, are not members – which means neither Mr Netanyahu or Mr Gallant are likely to face judges in the Hague. Russian President Vladimir Putin, who is wanted on an ICC warrant for alleged war crimes in Ukraine, recently showed he could still visit an ally when he traveled to Mongolia, one of the court’s member states, and was not arrested.
The ICC said there were “reasonable grounds” to believe that Mr Netanyahu and Mr Gallant “bear criminal responsibility for the war crime of starvation as a method of warfare” and that they had “intentionally and knowingly deprived” Gaza’s civilians of food, water, medicine, medical supplies and fuel and electricity.
“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the three-judge panel wrote in its unanimous decision.
Mr Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor Karim Khan’s request for warrants as disgraceful and antisemitic. US President Joe Biden also blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas.
The Israeli Foreign Ministry said in September that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants. The ICC said Israel’s acceptance of the court’s jurisdiction was not required.
“No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the Prosecutor,” Foreign Ministry spokesperson Oren Marmorstein wrote on X. He said Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy.
The Independent has reached out to the the Israeli Prime Minister’s Office and Israel’s Defence Ministry for a response.
