On November 21, 2024, the International Criminal Court issued summonses for Hamas officials, Israeli Prime Minister Benjamin Netanyahu, and his former defense minister, alleging them of crimes contrary to humanity and war crimes related to their October 2023 attack on Israel and their war which extends pass a year lasting 13 months in Gaza.
The arrest order against him was denounced by Netanyahu, who said Israel “rejects with disgust the absurd and false actions.” In a declaration issued by his office, he stated, “There is nothing more just than the war that Israel has been waging in Gaza.”
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Negotiations to reach a cease-fire to halt the war are expected to be made more difficult by the ruling, which makes Netanyahu and the others internationally sought suspects. However, since Israel and the United States, its main backer, are not members of the court and two Hamas officials were killed in the fighting, its practical ramifications may be limited.
Israeli politicians, including Netanyahu, have denounced ICC Chief Prosecutor Karim Khan’s warrant request as shameful and antisemitic. The prosecutor was scolded by US President Joe Biden, who also affirmed Israel’s right to self-defense against Hamas. Hamas criticized the request as well.
The three-judge panel unanimously issued warrants for Yoav Gallant, Netanyahu’s former defense minister.
According to the ruling, “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, as well as fuel and electricity.”
In addition, the court issued a warrant for Mohammed Deif, a Hamas chief, in connection with the October 2023 bombings that set off Israel’s Gaza incursion. Following their deaths in the fighting, the ICC top prosecutor retracted his request for warrants for two more high-ranking Hamas leaders, Ismail Haniyeh, and Yahya Sinwar.
The Israeli Foreign Ministry said in September that it had filed two legal papers contesting the ICC’s authority and claiming that the court had not given Israel a chance to look into the accusations on its own before asking for the warrants.
Oren Marmorstein, a spokeswoman for the Foreign Ministry, posted on social media platform X formerly known as Twitter, “No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the Prosecutor.”
He said that Israel will keep defending its people against militancy and that it was “steadfast in its commitment to the rule of law and justice.”
As a court of last resort, the ICC exclusively brings charges in situations when local law enforcement agencies are unable or unwilling to conduct an investigation. The court does not have Israel as a member state. According to rights organizations, the nation has previously had difficulty conducting its investigations.
None of the accused are expected to appear before courts in The Hague anytime soon, despite the warrants. The court depends on the assistance of its member nations to serve warrants because it lacks police.
