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ICC seeks arrest of Netanyahu, Gallant and Hamas' Deif

November 21, 2024

The International Criminal Court has issued warrants against Israel's Benjamin Netanyahu and Yoav Gallant and Hamas leader Mohammed Deif for alleged war crimes. The court rejected two challenges put forward by Israel.

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International Criminal Court building (ICC) in The Hague
The International Criminal Court is based in The Hague, in the NetherlandsImage: Alex Gottschalk/DeFodi Images/picture alliance

Judges at the International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant and Hamas military leader Mohammed Deif for alleged war crimes and crimes against humanity.

The crimes in question were committed as part of Israel's ongoing offensive in the Gaza Strip and Hamas' October 7, 2023 attacks on Israel.

Israeli Prime Minister Benjamin Netanyahu speaks to former Defense Minister Yoav Gallant during Knesset session
The ICC has issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu (right) and his former defense chief, Yoav Gallant (left)Image: DEBBIE HILL/POOL/AFP via Getty Images

What do we know about the warrants?

The ICC's chief prosecutor, Karim Khan, announced on May 20 that he was seeking arrest warrants against Netanyahu, Gallant and three Hamas leaders.

In its statement on Thursday, the court said Netanyahu and Gallant were accused of "the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution and other inhumane acts."

It said it had reasonable grounds to believe Netanyahu and Gallant bore "criminal responsibility" for deliberate attacks on the civilian population during Israel's offensive in Gaza.

The ICC said Israel's decisions to allow or increase humanitarian assistance to the Gaza Strip "were often conditional" and "were not made to fulfill Israel's obligations under international humanitarian law."

Netanyahu dismissed Gallant as defense minister on November 5.

The court said Israel's acceptance of the court's jurisdiction was not required for the warrants.

Israel is not a signatory to the Rome Statute, which is the founding treaty of the ICC.

The court recognized Palestinian statehood, which in turn recognized the court's jurisdiction in 2015. Some 139 countries recognize Palestinian statehood.

UN says Gaza aid shortage is 'desperate'

ICC issues warrant against Hamas leader

The court also found it had "reasonable grounds" to believe that Mohammed Deif was responsible for crimes including murder, extermination, torture, rape, sexual violence and hostage-taking.

Deif was the highest commander of Hamas' Qassam Brigades during the militant group's October 7, 2023 terror attacks on Israel, in which 1,200 people were killed and 251 hostages were taken to Gaza. Israel has said it killed Deif in a July 13 airstrike on southern Gaza, a claim Hamas has denied.

Khan had also requested warrants for the arrest of Hamas leaders Ismail Haniyeh and Yahya Sinwar, but the application was withdrawn following the confirmation of their deaths.

Haniyeh, who headed Hamas' political bureau in Qatar, was killed in the Iranian capital, Tehran in late July. Sinwar was killed as part of Israel's offensive in Gaza in October.

Hamas leader Mohammed Deif file photo
Hamas has denied that Israel killed Mohammed Diab Ibrahim Al-Masri, more commonly known as Mohammed DeifImage: -/dpa/picture-alliance

Netanyahu condemns warrant for his arrest

In response to the ICC's announcement, Israel's prime minister has condemned the warrant against him. He said Israel "rejects with disgust the absurd and false actions" of the court.

"There is nothing more just than the war that Israel has been waging in Gaza," Netanyahu said, according to the Israeli prime minister's office.

It said Netanyahu will "not yield to pressure, will not be deterred, and will not retreat" until Israel's war aims are achieved.

The Israeli Foreign Ministry said the ICC had "lost all legitimacy" after issuing the warrants against Netanyahu and Gallant, describing them as "absurd orders without authority."

"A dark moment for the International Criminal 'Court'," Foreign Minister Gideon Saar, who replaced Gallant earlier this month, said in a post on the platform X.

Hamas has called on the ICC to "expand the scope of accountability" to all Israeli leaders.

International reactions

Meanwhile, the Netherlands said it was prepared to act upon the arrest warrant issued against Netanyahu, according to Dutch news agency ANP.

When asked by journalists about the Thursday announcement, Jordanian Foreign Minister Ayman Safadi said the ICC's rulings should be respected.

EU top diplomat Josep Borrell said the warrants against Netanyahu and Gallant are not political, and urged for the ICC's decision to be respected and implemented.

sdi/kb (AP, AFP, dpa, Reuters)