The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in Palestinian territories, including Gaza.
The ICC’s Pre-Trial Chamber I stated that the warrants address crimes committed between October 8, 2023, and May 20, 2024. These include the war crime of using starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts. The court rejected Israel’s jurisdictional objections under the Rome Statute, reaffirming its authority over the situation in Palestine.
Additionally, the ICC issued a warrant for senior Hamas leader Mohammed Deif, whom Israel claims was killed in a July airstrike, though Hamas has not confirmed this.
The warrants mark the first time leaders of a Western-allied nation have been targeted by the ICC. All 124 signatory countries to the Rome Statute are legally obligated to arrest Netanyahu and Gallant if they enter their territory. These countries include many of Israel’s key Western allies, such as the UK, Germany, Canada, and Australia. However, the United States, having withdrawn from the Rome Statute in 2002, is not bound to cooperate but is encouraged to act.
Legal expert Gerhard Kemp noted the significance of the ICC’s decision, emphasizing its implications for international law and the principle that official positions do not grant immunity from prosecution. He pointed out that the warrants will pressure Israel’s allies, especially in Europe, to clarify their stance on executing them. However, as seen in past cases involving Sudan’s Omar al-Bashir and Russia’s Vladimir Putin, political considerations often complicate compliance with ICC obligations.
