The International Criminal Court (ICC) has issued long-awaited arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over charges of war crimes and crimes against humanity in Gaza.
The ICC said in a statement that there are “reasonable grounds to believe” that Netanyahu and Gallant have violated international law in using starvation as a method of warfare and committed crimes against humanity of “murder, persecution, and other inhumane acts.” The court also accused the two officials of the war crime of intentionally attacking a civilian population.
The issuing of the warrants means that the Israeli officials could be arrested if they stepped foot in countries that are party to the ICC statute and that would comply with the warrant. Practically, this means that Netanyahu and Gallant will avoid certain countries when traveling abroad, which Netanyahu has already been doing in anticipation of the arrest warrant issuance.
The court said it decided to release normally secret information on the warrants because the alleged war crimes are still ongoing. Thus far, Israeli forces have killed at least 44,000 Palestinians in Gaza, though expert analyses have found that the true death toll is likely much higher.
Overnight on Thursday, Israel carried out a series of bombings of Gaza that killed at least 88 Palestinians, “including many children in their sleep,” as Al Jazeera reported. One attack alone in the north Gaza city of Beit Lahia killed 66 people.
“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies,” the statement on the warrants read.
The court noted that Israeli officials have conditioned the flow of humanitarian aid into Gaza on international pressure or “requests by the United State of America.”
Meanwhile, Netanyahu and Gallants’ role in the limiting of medical supplies, deprivation of conditions of life and deprivation of Palestinians’ fundamental rights have likely constituted crimes of humanity, the court said. The court also found instances in which Israeli officials allegedly intentionally directed attacks on civilians, a war crime.
The Netherlands and France have announced that they would act on the warrants if given the opportunity. Other countries, like Ireland, have praised the issuing of the warrants. The White House has rejected the court’s decision, with officials having previously rejected the ICC’s jurisdiction over Israel’s genocide. However, Dearborn, Michigan, Mayor Abdullah Hammoud said the city would arrest the two “if they step within Dearborn city limits.”
The ICC also issued a warrant for the leader of Hamas’s military division, Mohammed Deif, over his role in the October 7, 2023, attack. Israel claimed to have killed Deif in a July air strike, but Hamas hasn’t confirmed or denied his status.
Israeli leaders have rejected the accusations, with Netanyahu’s office calling the warrants “antisemitic,” without evidence. In September, Israel submitted a challenge to the ICC’s jurisdiction over the court’s request for arrest warrants, but the court unanimously rejected the challenge on Thursday.
Hamas officials have said that the warrants against Netanyahu and Gallant are an “important step” but must be “backed practically by all countries,” while also calling on the court to expand its scope over the Gaza genocide to include other leaders responsible for Israel’s occupation and assault.
Human rights groups and international legal experts praised the court’s decision, saying that they are especially important as Israeli leaders undertake concerted efforts to obstruct the court’s proceedings.
“Either the ICC will successfully prosecute Netanyahu and Gallant or the U.S. will disembowel the international court to protect itself and fellow accused war criminals,” said human rights attorney Noura Erakat. “Either way it’s a win because the U.S. (and Israel) continues to show their face and further isolate themselves globally.”
However, some commentators noted that the warrants may end up being effectively meaningless if they are not followed up with action to end the genocide.
“Best thing we can all do now is agitate states to issue arrest warrants when Netanyahu and Gallant step on their soil,” Erakat said. “Make it impossible for them to travel, make it impossible for Israeli subordinates who gleefully posted videos of themselves hunting for babies and bombing schools.”
Rep. Rashida Tlaib (D-Michigan) once again called for the U.S. to stop sending Israel weapons in a statement in reaction to the warrants.
“The International Criminal Court’s long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending,” said Tlaib. “Our government must urgently end our complicity in these violations of human rights and international law.”
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