ICC Issues Historic Arrest Warrants for Netanyahu, Gallant, and Hamas Official

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and a senior Hamas official, accusing them of war crimes related to the October 7 attacks on Israel last year. The court, based in The Hague, stated that it found “reasonable grounds” to believe that Netanyahu was criminally responsible for war crimes including “starvation as a method of warfare” and “crimes against humanity such as murder, persecution, and other inhumane acts.”

This marks the first time an Israeli leader has been summoned by an international court for alleged war crimes during the 76-year Israeli-Palestinian conflict. While ICC warrants do not guarantee arrests, they may limit Netanyahu’s travel to countries that are members of the ICC.

The Prime Minister’s office quickly dismissed the charges as “absurd and antisemitic.” They stated, “Israel utterly rejects the absurd and false actions and accusations against it by the International Criminal Court, which is a politically biased and discriminatory body.” The office further emphasized that there was “no war more just” and defended Israel’s right to self-defense following the deadly Hamas attacks, which they described as “the largest massacre against the Jewish people since the Holocaust.”

Netanyahu’s office insisted that he would not yield to pressure, declaring that he would not retreat until Israel achieved all the objectives set at the beginning of the war.

Israel, along with the United States, is not a member of the ICC and has repeatedly contested the court’s jurisdiction over actions in the conflict. The ICC maintains jurisdiction over territories occupied by Israel, including Gaza, East Jerusalem, and the West Bank, following the Palestinian leadership’s agreement to adhere to the court’s principles in 2015.

The court also issued a warrant for Hamas official Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who is accused of being a key mastermind behind the October 7 attack. Although Israel claimed to have killed Deif in an airstrike in September, Hamas has not confirmed his death.

The ICC explained that it found “reasonable grounds” to believe that Deif was responsible for “crimes against humanity, including murder, extermination, torture, and rape,” as well as war crimes such as “murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape.” The court also alleged that Deif, through his actions, either ordered or induced these crimes and failed to exercise control over forces under his command.

The ICC noted that the crimes were part of a coordinated, systematic attack by Hamas and other armed groups targeting Israeli civilians.

In addition to Deif, the ICC prosecutor had initially sought warrants for Hamas leaders Ismail Haniyeh and Yahya Sinwar, but their deaths at the hands of Israel led the court to withdraw the applications for their arrest warrants.

Hamas responded to the ICC’s actions with approval, calling the warrants for Israeli officials a “significant historical precedent” that addressed the “longstanding course of historical injustice” against Palestinians. The group urged nations to cooperate in bringing Israeli leaders to justice and called for immediate action to stop what it described as the “genocide” in Gaza.

In response to the ICC’s action, the Biden administration expressed strong opposition, reiterating its support for Israel. President Joe Biden labeled the ICC’s pursuit of Israeli leaders as “outrageous,” emphasizing that there was “no equivalence — none — between Israel and Hamas.” He also reiterated U.S. support for Israel’s security. The U.S. has long criticized the ICC’s involvement in investigating Israel’s actions in Gaza but has refrained from supporting sanctions against the court.

In June, the U.S. House of Representatives passed a bill aimed at sanctioning anyone involved with the ICC’s efforts to prosecute U.S. allies, but the bill has not yet passed the Senate. Senator John Thune also threatened to impose sanctions against the ICC, warning that if the court did not reverse its actions, the Senate Republican majority would make this issue a priority in the next Congress.

Israeli President Isaac Herzog denounced the warrants as a “dark day for justice” and “humanity,” calling the decision a “mockery of the sacrifice of all those who fight for justice.” Herzog stressed that the ICC’s decision overlooked the fact that Israel was responding to a brutal attack and had the “duty and right” to defend its people.

The President added that the ICC’s action disregarded Israel’s status as a democracy that adheres to international humanitarian law and that it had made significant efforts to meet the humanitarian needs of civilians in Gaza.

Gideon Sa’ar, Israel’s newly appointed Foreign Minister, accused the ICC of being a political tool serving extreme elements that seek to undermine peace and stability in the Middle East. He described the court’s decision as a “moral aberration,” suggesting it turned “good into evil” and rewarded those violating international law, like Iran-backed groups.

Far-right Israeli Minister Itamar Ben Gvir also condemned the ICC as “antisemitic from start to finish,” advocating for Israel to counter by extending sovereignty over the occupied West Bank and expanding Jewish settlements in territories under Israeli control.

Yoav Gallant, the former defense minister who was dismissed by Netanyahu earlier this month following political disputes, is also named in the warrants. Netanyahu cited a “crack in trust” between himself and Gallant as the reason for his dismissal.

Eliav Lieblich, a professor of international law at Tel Aviv University, remarked that the ICC’s decision was “the most dramatic legal development in Israel’s history.” He explained that the arrest warrants could significantly impact Netanyahu and Gallant’s ability to travel, as the 124 state parties to the ICC are legally obligated to arrest them if they enter their territories.

Lieblich further noted that this could have broader implications for Israel’s cooperation with other countries, especially in military matters. He highlighted that although the ICC lacks its own police force to make arrests, it relies on member states to execute its warrants.

Since its establishment, the ICC has issued 56 arrest warrants, resulting in 21 detentions and appearances before the court. However, 27 individuals remain at large, and charges against seven have been dropped due to their deaths.

The situation remains fluid as Israel and Hamas continue to navigate the complexities of international law, justice, and political interests, with the ICC’s involvement adding a new dimension to the ongoing conflict.