The Hague accuses Netanyahu and Gallant of war crimes. For the first time in the Court's history, the arrest of Western leaders is being sought.
Last updated at 19:25 on 21 November 2024
In a historic move, the International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for war crimes committed in the occupied Palestinian territories, including the Gaza Strip. Should Netanyahu and Gallant now travel to countries party to the Rome Statute, they would be liable to arrest. For the first time since the Court's establishment, arrest warrants have been issued for leaders of the so-called Western world.
The Pre-Trial Chamber of the Court, based in The Hague, sought the arrest not only of the two Israeli politicians, but also of Mohammed Diab Ibrahim al-Masri (Deif), head of the Izz ad-Din al-Qassam Brigades, the military wing of Hamas, although at present it is not known whether he is still alive. Prosecutor Karim Khan, in May, had also requested the issuance of arrest warrants for Ismail Haniyeh and Yahya Sinwar, the political leader and the most senior Hamas official in the Gaza Strip respectively. Israel, through its extrajudicial targeted killings, prevented the warrants from being issued for them as well.
Prosecutor Khan, in requesting the arrest warrants, had stated that there were reasonable grounds to believe that Netanyahu and Gallant bore criminal responsibility for having caused mass starvation in Gaza, which constitutes a war crime and a crime against humanity. Exactly six months after the request, the Pre-Trial Chamber, in its statement, declared that, on the basis of the evidence gathered, it could be maintained that the two Israeli politicians had intentionally and knowingly deprived the civilian population of Gaza of objects indispensable to their survival, including food, water, medicines and medical supplies, as well as fuel and electricity.
The three judges accuse Gallant and Netanyahu of having used famine and starvation as a weapon of war, of having wilfully killed civilians in Gaza, and of having committed other inhumane acts against the civilian population. Israel, on the basis of Article 19.2 of the Statute, had attempted to challenge the Prosecutor's requests on the grounds that it is not a state party to the Statute and that, therefore, the Court would have no jurisdiction to investigate and prosecute crimes committed by Israeli nationals. Secondly, Tel Aviv had requested, pursuant to Article 18.1 of the Statute, a fresh notification of the opening of the investigation. The judges unanimously rejected Israel's position, reaffirming their jurisdiction over crimes committed in the Palestinian territories, given that Palestine is a signatory state to the Rome Statute, and that the notification of the opening of the investigation had been sent in due time.
Regarding Deif, the Pre-Trial Chamber holds that the head of the al-Qassam Brigades is responsible for crimes against humanity and war crimes, including murder, torture, rape and the taking of hostages, in connection with Hamas's attack on Israel on 7 October, in which fighters killed more than 1,180 Israelis and abducted 250 hostages.
Israeli opposition leaders have sharply criticised the International Criminal Court's move. Benny Gantz, a political rival of Netanyahu, condemned the decision, arguing that the Court's action showed "moral blindness" and was a "shameful stain of historic proportions that will never be forgotten". Yair Lapid, another opposition leader, called it a "prize for terror". Members of the Tel Aviv government are also publicly criticising The Hague. Israeli Transport Minister Miri Regev, Housing Minister Yitzhak Goldknopf and National Security Minister Itamar Ben Gvir are accusing the Court's judges of antisemitism.
Initial comments are also coming from Europe and the Western bloc. Dutch Foreign Minister Caspar Veldkamp stated that the Dutch government would comply with the arrest warrant for Netanyahu if the Israeli prime minister were to travel to the country. Canada takes the same view. Josep Borrell, the European Union's High Representative for Foreign Policy, recalls that the Court's arrest warrant is binding on all EU member states and reiterates that the decision is not political and must be respected.
Our Foreign Minister Antonio Tajani does not appear to share the same view; in a statement, he reaffirmed Italy's support for the Court, but said that Italy will assess what to do together with its allies, while Defence Minister Guido Crosetto, despite criticising the Court's action, reaffirmed that, in the event that Netanyahu and Gallant were to come to Italy, the Italian authorities would be committed to arresting them in accordance with international law. The Dublin government, in a press release, underscored the gravity of the charges and stated that the issuance of the arrest warrants is a significant step towards justice. The spokesperson for the French Foreign Ministry, Christophe Lemoine, stated that France's response to the warrants would be "in line with the statutes of the International Criminal Court", but declined to say whether France would arrest the leader if he came to the country.
The United States, in a statement issued by the White House, "fundamentally rejects" the International Criminal Court's decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. Even more clear-cut positions are coming from the entourage of President-elect Donald Trump. Congressman Mike Waltz, who will serve as national security adviser in the incoming administration, criticised the Court, arguing that the institution has no credibility whatsoever and that these charges have been refuted by the United States government. Republican Senator Lindsey Graham went so far as to call for Washington to sanction the Court.
Condemnations have also come from Argentine President Javier Milei, who is close to Israel's positions and stated that the International Criminal Court's decision to issue arrest warrants "ignores" the country's right to defend itself.
Reactions are also beginning to emerge from Arab countries, firstly from the Palestinians themselves. According to reports by Reuters and the Palestinian Wafa Agency, the Palestinian Authority and senior Hamas official Basem Naim described the issuance of the arrest warrants as a step forward in delivering justice to the victims in Gaza, but said it remains a limited step if it is not practically supported by all countries. Hamas also released an official statement calling on the International Criminal Court to extend the scope of accountability to all leaders of the occupation.
Further statements came from Jordan and Iraq. Both Jordanian Foreign Minister Ayman Safadi and the office of Iraqi Prime Minister Mohammed Shia al-Sudani welcomed the International Criminal Court's "courageous and just" decision, adding that "Palestinians deserve justice" and that the war must be stopped as soon as possible.
Great satisfaction also from South Africa, which brought Israel before the International Court of Justice over the case concerning the genocide of the Palestinian people. In a statement, the government welcomed The Hague's decision, calling it a significant step towards justice for the crimes against humanity and war crimes in Palestine.
