International Criminal Court issues arrest warrants for Netanyahu and Gallant

The International Criminal Court (ICC) issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, marking the most significant international condemnation of the Israeli government’s actions in Gaza to date. The three-judge panel accuses them of war crimes and crimes against humanity over Israel’s 13-month war in Gaza, sparked by Hamas attacks on October 7.

The warrants also name Mohamed Deif, the leader of Hamas’ armed wing, who is presumed dead by Israeli authorities. The ICC is investigating the conduct of both sides in the conflict, focusing on holding accountable those deemed most responsible for the gravest violations of international law.

The judges acted on a request made last May by Prosecutor Karim Khan, who had called for these arrest warrants. At the time, Khan argued that the evidence collected by his team demonstrated that Israel had “intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.” The prosecutor stated there were “reasonable grounds to believe” that Netanyahu and Gallant bear “criminal responsibility” for war crimes and crimes against humanity committed in Gaza. In the arrest warrant request, Khan accused the Israeli leaders of the war crime of “starvation of civilians,” a charge rarely invoked by the ICC, which was founded in 2002. The timeline of the alleged crimes begins on October 8, 2023.

The decision to issue the arrest warrants was unanimous, despite the intense political pressure surrounding the case.

The initial request also included three Hamas leaders. However, on Thursday, only Mohamed Deif was named, as the prosecution deemed reports of his alleged death inconclusive. The other two leaders — Ismail Haniyeh, Hamas’ former political head, and Yahya Sinwar, his successor — are believed to be dead.

Israel is not a member of the ICC, challenges its jurisdiction, and argues that it has not committed war crimes in Gaza, since its objective is to eliminate Hamas. Palestine, however, has been a member of the court since 2015, and judges can rule on alleged crimes committed by Israeli troops or citizens on Palestinian territory. The same principle applies in reverse, hence the arrest warrants against the top Hamas leaders.

The ICC lacks its own enforcement mechanism and relies on the cooperation of its member states to execute arrests. Notably, key global powers such as the United States — Israel’s principal ally — along with China and Russia, are not members of the court.

Sign up for our weekly newsletter to get more English-language news coverage from EL PAÍS USA Edition