The International Criminal Court has issued arrest warrants for Israeli prime minister Benjamin Netanyahu, former defence minister Yoav Gallant and Hamas leader Mohammed Deif for alleged war crimes relating to the Gaza war.
Netanyahu and Gallant would now be at risk of arrest if they travel abroad, although neither Israel or its ally the United States are members of the court.
The ICC, based in the Netherlands, said that Israel’s acceptance of its jurisdiction was not required.
In August Israel said Deif had been killed by an an airstrike during the Gaza war one month earlier, although Hamas has not confirmed his death.
The ICC court said Deif’s warrant remains “classified as secret” to protect witnesses and safeguard the conduct of investigations.”
It had previously also sought a warrant against the former Hamas leader Yahya Sinwar, killed last October, and the group’s Ismail Haniyeh, assisinated in July in a strike on Tehran.
Defence Minister Yoav Gallant. Credit: Shachar Yurman
Reacting to the announcement Israeli president Isaac Hertzog said:”This is a dark day for justice. A dark day for humanity.
“Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughing stock.
“It makes a mockery of the sacrifice of all those who fight for justice – from the Allied victory over the Nazis till today.
“It ignores the plight of the 101 Israeli hostages held in brutal captivity by Hamas in Gaza. It ignores Hamas’ cynical use of its own people as human shields.”
Former Israeli prime minister Naftali Bennett said on Thursday that the decision by The Hague to issue warrants was a “mark of shame” for the ICC.
Opposition leader Yair Lapid also condemned the decision, saying that “Israel is defending its life against terror groups that attacked, murdered and raped our citizens. The arrest warrants are a prize for terrorism.”
ICC chief prosecutor, Karim Khan had requested the arrest warrants in May after claiming there were reasonable grounds to believe Netanyahu and Gallant bore “criminal responsibility” for causing mass starvation in Gaza.
It is argued this constituted war crimes against humanity.
The arrest warrants for Netanyahu and Gallant are for alleged crimes against humanity and war crimes committed from at least October 8 last year until May 20 this year.
On Thursday the court said it had found reasonable grounds to believe that Deif was responsible for crimes against humanity and war crimes including murder, torture, rape and hostage taking.
Confiriming the decision against the Israeli leaders the ICC said:”The Chamber found that there are reasonable grounds to believe that 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, which resulted in the death of civilians, including children due to malnutrition and dehydration.
“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.
“However, the Chamber did find that there are reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims.
“In addition, by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment.
“Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics, and/or were forced to use inadequate and unsafe means to sedate patients, causing these persons extreme pain and suffering. This amounts to the crime against humanity of other inhumane acts.”
Far-right Israeli National Security Minister Itamar Ben-Gvir called for annexing “all areas of Judea and Samaria” in response to the ICC’s decision, adding that the warrants are “an unprecedented disgrace, but not at all surprising.”
