ICC Issues Arrest Warrant for Israeli Prime Minister Over 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, accusing them of war crimes and crimes against humanity.

Judges at the ICC found “reasonable grounds” to hold Netanyahu and Gallant criminally responsible for using starvation as a weapon and committing acts of murder, persecution, and other inhumane acts in the Gaza Strip. This follows the court’s rejection of Israel’s challenge to the ICC’s jurisdiction, stating that Israel’s consent is not required for the investigation.

The ICC also issued an arrest warrant for Hamas leader Ibrahim al-Masri, also known as Mohammed Deif, for alleged war crimes and crimes against humanity related to the October 7, 2023, attacks on Israel. These charges include murder, torture, sexual violence, and hostage-taking.

Previously, arrest warrants for former Hamas leaders Yahya Sinwar and Ismael Haniyeh were withdrawn after their deaths were confirmed by Israeli forces. While Israel claims to have killed al-Masri, Hamas has not confirmed or denied this.

The ICC investigates individuals for crimes such as genocide, war crimes, and crimes against humanity. Its investigation into possible war crimes by Israel began in 2021, with concurrent investigations into Hamas actions and violence by Israeli settlers in the West Bank. The ongoing conflict, particularly the violent escalation starting with Hamas’ October 7 attack, is central to these investigations.

The ICC’s jurisdiction typically applies when national courts are unwilling or unable to prosecute, and in this case, the Palestinian territories, which are signatories to the Rome Statute, have accepted ICC jurisdiction. Israel, the U.S., China, Russia, India, and most Arab states, including Iran, have not ratified the Rome Statute.

While an arrest warrant does not equate to a conviction, it serves as a signal that the ICC takes the accusations seriously enough to proceed with the investigation. However, given the ICC’s lack of enforcement mechanisms, it is unlikely that Netanyahu or his associates will be arrested unless they travel to a country that is a signatory to the court’s treaty.

This case should not be confused with the genocide allegations against Israel, which are being pursued in the International Court of Justice (ICJ). The ICJ, unlike the ICC, handles disputes between states and does not issue arrest warrants. The ICJ has acknowledged the risk of genocide in Gaza and has ordered provisional measures but has not demanded a cessation of all Israeli military operations.