ICC issues arrest warrants for Netanyahu, Gallant, and Hamas leader Deif for alleged Gaza war crimes

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas leader Mohammed Deif.

The warrants, announced on Thursday (21 Nov), allege war crimes connected to the ongoing Gaza conflict, marking a significant escalation in international judicial scrutiny over the crisis.

The ICC’s chief prosecutor, Karim Khan, stated that the warrants were based on “reasonable grounds” to believe Netanyahu and Gallant intentionally deprived Gaza’s civilian population of essential resources such as food, water, and medical supplies.

These actions, Khan alleged, amount to war crimes and crimes against humanity.

The court also accused Deif of orchestrating crimes against humanity and war crimes, including murder, torture, rape, and hostage-taking during the 7 October Hamas-led attack on Israel, which resulted in over 1,200 Israeli deaths and 250 kidnappings.

The arrest warrants place Netanyahu and Gallant at risk of detention if they travel to any of the 123 countries that are signatories to the 1998 Rome Statute, which governs the ICC.

While some member states have previously declined to enforce ICC warrants, the announcement amplifies the pressure on Israel during a period of intense conflict.

Israel has categorically rejected the ICC’s jurisdiction.

A September statement from its foreign ministry outlined legal challenges against the court, arguing that Israel had not been given the opportunity to investigate the allegations independently.

The ICC countered that Israel’s recognition of its jurisdiction is not required for the warrants to be valid.

The ICC also confirmed that Khan had sought warrants for two senior Hamas leaders, Yahya Sinwar and Ismail Haniyeh, who were killed during the conflict.

While Israel has claimed to have killed Deif as well, Hamas has neither confirmed nor denied these reports.

The warrants have drawn mixed international reactions. The United States, which has supported ICC investigations into Russian war crimes in Ukraine, criticised the court’s pursuit of Netanyahu and Gallant.

This position has drawn accusations of double standards from global south nations and some UN members.

Domestically, the ICC’s actions have sparked outrage across Israel’s political spectrum. Benny Gantz, a former general and political rival to Netanyahu, denounced the decision as “moral blindness” and a “shameful stain of historic proportion.”

Yair Lapid, another opposition leader, labelled it a “prize for terror.”

The warrants may bolster Netanyahu’s domestic political standing, where many Israelis view the ICC’s actions as unwarranted interference in Israel’s affairs.

However, the decision comes amid reports of US efforts to negotiate a ceasefire between Israel and Hamas, a process hindered by tensions over Israel’s control of strategic areas in Gaza.

Adding complexity to the developments, the ICC’s chief prosecutor, Karim Khan, is under investigation for alleged sexual misconduct.

The inquiry includes accusations of unwanted sexual advances and abuse of authority, claims Khan has denied, pledging full cooperation.

The Gaza Health Ministry said that 44,056 people have been killed and 104,268 wounded since the start of the war.

Earlier this month, the United Nations Special Committee, which had investigated Israeli practices in the Occupied Palestinian Territories, released a scathing report accusing Israel of actions consistent with genocide in Gaza.

The report highlights widespread civilian casualties, life-threatening conditions for Palestinians, and violations of international humanitarian and human rights laws, including the use of starvation as a weapon of war.

“Since the beginning of the war, Israeli officials have publicly supported policies that strip Palestinians of the very necessities required to sustain life—food, water, and fuel,” the Committee stated.

“These actions, coupled with the systematic obstruction of humanitarian aid, reveal an intent to use life-saving supplies for political and military objectives.”