Judges at the International Criminal Court (ICC) have issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Mohammed Deif, the military commander of Hamas. The warrants were issued following a pre-trial chamber’s rejection of Israel’s challenges to the ICC’s jurisdiction.
Details of the Arrest Warrants
The judges stated that there were “reasonable grounds” to believe the three individuals bore criminal responsibility for alleged war crimes and crimes against humanity during the 2023 conflict between Israel and Hamas. These allegations stem from actions during and after the October 7, 2023, attack by Hamas and Israel’s subsequent military campaign in Gaza.
Key Allegations:
- Hamas Leaders (Mohammed Deif and Others):
- Accused of crimes against humanity and war crimes, including extermination, murder, taking hostages, rape, and torture.
- The ICC’s case cites the October 7 attack, in which Hamas gunmen killed approximately 1,200 people in southern Israel and took 251 hostages to Gaza.
- Israeli Leaders (Benjamin Netanyahu and Yoav Gallant):
- Accused of deliberate attacks on civilians, the use of starvation as a weapon of war, extermination, and murder.
- The court has drawn attention to the consequences of Israel’s military campaign in Gaza, during which the Hamas-run health ministry reported over 44,000 deaths.
Netanyahu Challenges and Enforcement
The ICC warrants face significant hurdles:
- Israel and the United States, key players in international geopolitics, are not members of the ICC and have rejected the court’s jurisdiction.
- Enforcement of the arrest warrants depends on the cooperation of the ICC’s 124 member states, which may decide individually whether to act on these warrants.
Status of Mohammed Deif
The Israeli military has claimed that Mohammed Deif was killed in an airstrike in Gaza in July 2024. However, the ICC has noted it cannot confirm Deif’s death and has included him in the warrants.
Netanyahu Background on the Prosecutor’s Actions
ICC Prosecutor Karim Khan initially sought warrants in May 2024 for Netanyahu, Gallant, Deif, and two other Hamas leaders—Ismail Haniyeh and Yahya Sinwar. Haniyeh and Sinwar have since been reported killed in the ongoing conflict.
Significance of the ICC’s Decision
The move by the ICC underscores the court’s commitment to addressing alleged war crimes regardless of political status or international alliances. However, the effectiveness of these warrants remains uncertain, given the geopolitical dynamics surrounding the conflict and the ICC’s limited enforcement mechanisms.
