The International Criminal Court (ICC) has made a significant ruling by issuing arrest warrants for the Prime Minister of Israel, Benjamin Netanyahu, along with his former defense minister, Yoav Gallant, and a high-ranking Hamas leader, Mohammed Deif. This marks a rare occurrence where leaders are specifically accused of crimes against humanity.
Released on Thursday, the warrants are centered around accusations that Netanyahu and Gallant have played roles in committing war crimes and crimes against humanity in the Gaza Strip. Reports indicate that the ongoing conflict has led to over 44,000 fatalities and more than 104,000 injuries during the 13-month escalation of violence between Israel and Hamas.
Netanyahu reacted strongly to the issuance of the warrant, dismissing it as “absurd and false,” and expressed that Israel is repulsed by these actions. The charges against Deif entail his alleged involvement in various war crimes, including murder, torture, and hostage-taking, particularly concerning the militant attacks on Israel on October 7, 2023, which resulted in the deaths of approximately 1,200 individuals, predominantly civilians, and the abduction of around 250 people.
Hamas responded positively to the warrants issued against Netanyahu and Gallant, citing them as an acknowledgment of a longstanding struggle against what they classify as a “fascist occupation.” However, the statement from Hamas did not mention the warrant pertaining to Deif, despite Israel’s claims of having killed him in an airstrike—something that Hamas has yet to confirm.
To gain better insight into the ICC and its proceedings against both Israeli and Hamas officials, here’s a closer look at the court’s functions and the implications of these accusations.
The ICC, formed in 2002, serves as a permanent court designated for prosecuting individuals for crimes such as war crimes, genocide, and crimes against humanity. With 124 member countries participating under the agreement that formed the ICC, some nations—including Israel, the United States, Russia, and China—have opted not to recognize the court’s jurisdiction. Often, the ICC steps in when countries cannot or will not carry out prosecutions for crimes committed within their borders. Israel claims to have a functional judicial system, which often leads to disputes over the ICC’s involvement.
While Netanyahu and Gallant could face travel restrictions due to these warrants, it seems unlikely they will appear before judges in The Hague shortly. Member states must detain individuals with active warrants if they enter their territories. Nonetheless, the ICC lacks the enforcement mechanism to guarantee compliance from these nations.
Historically, about 60 arrest warrants have been issued by the ICC, with 21 of those individuals detained and appearing in court, while approximately 30 remain fugitives. Furthermore, the court has recorded 11 convictions alongside four acquittals.
Regarding the accusations against Netanyahu and Gallant, the ICC has stated there are reasonable grounds to assert that they are co-perpetrators of the crime of starvation as well as various acts recognized as crimes against humanity, including murder and persecution. The court noted that it could not definitively categorize any actions under extermination; however, it found support for murder charges based on the continuous deprivation of essential needs like food, water, and medical supplies for Gaza residents, leading to deaths by malnutrition and dehydration.
The investigation also highlighted incidents where evidence indicated deliberate attacks on civilians, suggesting that both Netanyahu and Gallant failed to act to prevent such violations during the conflict.
As for the warrant against Deif, he is purported to be the mastermind behind the violent attacks that occurred on October 7, which the ICC has classified as both war crimes and crimes against humanity, specifically targeting civilians. Notably, the court has also described allegations surrounding sexual assaults against hostages, primarily women, as constituting reasonable grounds for charges related to torture and rape.
In terms of previous arrest warrants issued by the ICC, the court last year indicted Russian President Vladimir Putin for his alleged role in the abduction of children from Ukraine. However, due to Russia’s refusal to recognize the court’s authority, the likelihood of Putin facing trial is slim. Notably, former Libyan leader Moammar Gadhafi was killed shortly after the ICC’s warrant for his arrest was made public regarding his actions during anti-government protests. Joseph Kony, one of Africa’s notorious warlords, has been evading justice since 2005 despite charges brought against him by the ICC, which include numerous counts of crimes against humanity and war crimes. Similarly, the ICC has been pursuing Sudan’s former President Omar al-Bashir since 2009 over allegations linked to the Darfur conflict.
