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International Criminal Court arrest warrants for Israeli figures

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People for whom arrest warrants were requested on 20 May 2024 in the ICC investigation in Palestine

On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Israel–Hamas war.[1][2]

The ICC also issued an arrest warrant for Hamas military commander Mohammed Deif, who was reportedly killed in an Israeli airstrike on 13 July 2024. The ICC argued that it was "not in a position to determine whether Mr. Deif has been killed or remains alive", and was therefore issuing the warrant for his arrest.[3][4] ICC prosecutor Karim Khan had initially applied for arrest warrants for two other Hamas officials (Hamas chairman Ismail Haniyeh and Hamas leader in Gaza Yahya Sinwar) on 20 May 2024, but withdrew the applications following confirmation of their deaths in July 2024 and October 2024 respectively.[5]

The 124 member states of the ICC are obliged to detain and transfer any of the indicted individuals if any of them set foot on their territory.[6][7]

Background

Main article: International Criminal Court investigation in Palestine
The premises of the International Criminal Court in The Hague, Netherlands. The ICC moved into this building in December 2015.

The ICC was established in 2002 to prosecute war crimes, crimes against humanity, genocide, and the crime of aggression when member states are unwilling or unable to do so. It can also prosecute crimes committed by nationals or on territory of any of its 124 member states. It currently is also investigating crimes committed in Ukraine, Uganda, and others. The Palestinian territories were admitted as a member state in 2015, allowing for the investigation even though Israel is not a member and does not recognize its jurisdiction.[8]

On 20 December 2019, ICC prosecutor Fatou Bensouda announced an investigation into war crimes allegedly committed in Palestine by members of the Israel Defense Forces or Hamas and other Palestinian armed groups since 13 June 2014.[9][10] Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff.[11]

Israel–Hamas war

Main article: War crimes in the Israel–Hamas war
Further information: Israeli war crimes in the Israel–Hamas war and Hamas war crimes

On 12 October 2023, during the 2023 Israel–Hamas war, ICC chief prosecutor Karim Khan stated that both war crimes committed by Palestinians on Israeli territory and by Israelis on Palestinian territory would be within the jurisdiction of the ICC's Palestine investigation.[12] On 29 December 2023, South Africa filed a case against Israel at the International Court of Justice, alleging that Israel's conduct amounted to genocide.[13]

In late April 2024, ICC staff interviewed Palestinian hospital staff from the Gaza Strip about possible war crimes.[14][15]

Arrest warrant applications

On 20 May 2024, Khan announced that he would file applications for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh and Israeli leaders Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.[16][17][18] The request for a warrant against Haniyeh was withdrawn following his assassination on 31 July 2024.[19] The prosecutor stated that he was trying to confirm the alleged killing of Deif on 13 July 2024, in which case the warrant request would be withdrawn.[20] Sinwar was killed in a shootout with Israeli forces on 16 October 2024.

Charges

On 21 November 2024, the ICC issued arrest warrants for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif, who may have been killed on 13 July 2024.[21]

Netanyahu and Gallant

Pre-Trial Chamber I stated that it found reasonable grounds that from "8 October 2023 until at least 20 May 2024" Netanyahu and Gallant bear criminal responsibility "as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts" and "as civilian superiors for the war crime of intentionally directing an attack against the civilian population."[22]

Deif

Pre-Trial Chamber I stated that it found reasonable grounds that Deif bears direct and command responsibility "for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence". It found reasonable grounds that "the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel".[23]

Reactions

Domestic

  •  Israel: The Israeli prime minster's office called the ICC arrest warrants against Netanyahu "antisemitic" and compared it to the Dreyfus affair. Israeli opposition leader Yair Lapid condemned the ICC's decision, describing the Israeli invasion of Gaza as a fight for its life "against terrorist organizations".[24]
  •  Hamas: Hamas political bureau member Basem Naim welcomed the ICC's decision to issue arrest warrants for Netanyahu and Gallant as an "important step towards justice" and called on the ICC to expand its scope to other Israeli officials. Hamas did not mention the warrant for Mohammed Deif.[24]
  •  Palestinian Authority: The Palestinian Authority praised the ICC's decision and said that it "restores hope and confidence in international law and its institutions, and in the importance of justice, accountability and the prosecution of war criminals".[25]

International

  •  United States: The White House said the United States "fundamentally rejects" the ICC's decision to issue arrest warrants, and added that "the ICC does not have jurisdiction over this matter".[26]
  •  United Kingdom: Prime Minister Keir Starmer's spokesperson said that the British government respects the independence of the International Criminal Court, but refused to say whether Netanyahu would be arrested if he entered the United Kingdom, adding that "Israel has a right to defend itself" and that "there is no moral equivalence" between Israel and Hamas.[27][28]
  •  Netherlands: Dutch foreign minster Caspar Veldkamp declared that the Netherlands "implements the Rome Statute 100 percent", becoming the first country to say that it is prepared to act upon the ICC arrest warrants.[24]
  •  France: French foreign ministry spokesperson Christophe Lemoine said that France would act "in line with the ICC's statuses", but declined to say whether Netanyahu would be arrested if he entered France, stating that it's "legally complex".[26]
  •  Canada: Prime Minister Justin Trudeau said that Canada would "abide by international law".[26]
  •  Italy: Foreign Minister Antonio Tajani said that Italy supports the ICC, and that it would consider with allies how to interpret the decision and act.[26]
  •  Ireland: Prime Minister Simon Harris called the arrest warrants "an extremely significant step".[26]
  •  European Union: Foreign Policy chief Josep Borrell called on all EU member states to respect and implement the ICC's decision, arguing that the ICC's decision was not political.[26]
  •  Jordan: Jordanian Foreign Minister Ayman Safadi said the ICC's decision must be respected and implemented and that "Palestinians deserve justice".[26]
  •  South Africa: South Africa welcomed the ICC's decision and called it a "significant step toward justice for crimes against humanity and war crimes in Palestine".[26]
  •  Argentina: President Javier Milei said that Argentina "declares its deep disagreement" with the ICC's decision and that the arrest warrant "ignores Israel's legitimate right to self-defense".[26]
  •  Austria: Foreign Minister Alexander Schallenberg called the ICC arrest warrant "incomprehensible and ludicrous".[26]
  •  Hungary: Foreign Minister Peter Szijjarto condemned the ICC's decision as "shameful and absurd".[26]

See also

References

  1. ^ "ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander". BBC. 21 November 2024. Archived from the original on 2024-11-21. Retrieved 2024-11-21.
  2. ^ "Arrest warrants issued for Israeli PM Netanyahu and former defence secretary Gallant over alleged war crimes". Sky News. Retrieved 2024-11-21.
  3. ^ Vinograd, Cassandra (21 November 2024). "I.C.C. Prosecutor Sought Warrants for 3 Hamas Leaders. At Least 2 Are Now Dead". The New York Times.
  4. ^ "ICC issues arrest warrant for Israeli PM Netanyahu for 'war crimes' in Gaza". Al Jazeera. Retrieved 2024-11-21.
  5. ^ "ICC issues arrest warrants for Israeli PM Netanyahu for alleged war crimes in Gaza". NBC News. 2024-11-21. Retrieved 2024-11-21.
  6. ^ Lister, Abbas Al Lawati, Nadeen Ebrahim, Dana Karni, Tim (2024-11-21). "International Criminal Court issues arrest warrant for Israeli Prime Minister". CNN. Retrieved 2024-11-21.{{cite web}}: CS1 maint: multiple names: authors list (link)
  7. ^ Lawal, Shola. "Israel's Netanyahu, Gallant issued ICC arrest warrants: What's next?". Al Jazeera. Retrieved 2024-11-21.
  8. ^ "What is the ICC, which has issued arrest warrants for Israeli and Hamas leaders?". Reuters. November 21, 2024. Retrieved November 21, 2024.
  9. ^ "Statement of ICC Prosecutor, Fatou Bensouda, respecting an investigation of the Situation in Palestine". International Criminal Court. 3 March 2021. Archived from the original on 2023-07-22.
  10. ^ Ahren, Raphael (23 December 2019). "The Hague vs. Israel: Everything you need to know about the ICC Palestine probe". Times of Israel. Retrieved 25 December 2019.
  11. ^ Davies, Harry; McKernan, Bethan; Abraham, Yuval; Rapoport, Meron (28 May 2024). "Spying, hacking and intimidation: Israel's nine-year 'war' on the ICC exposed". The Guardian.
  12. ^ Anthony Deutsch; Stephanie van den Berg (13 October 2023). "Exclusive: Hamas attack, Israeli response fall under ICC jurisdiction, prosecutor says". Reuters. Wikidata Q123120848. Archived from the original on 18 October 2023.
  13. ^ Roelf, Wendell; Sterling, Toby (29 December 2023). "South Africa files genocide case against Israel at World Court". Reuters. Retrieved 29 December 2023.
  14. ^ "Exclusive: Gaza hospital staff questioned by ICC war crimes prosecutors | Reuters". Reuters.
  15. ^ "Report: ICC Investigators Interview Gaza Hospital Staff in War Crimes Probe, Locations Former Hamas Headquarters – The Foreign Desk | by Lisa Daftari". April 30, 2024.
  16. ^ Kottasová, Ivana (20 May 2024). "EXCLUSIVE: ICC seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 attack and Gaza war". CNN.
  17. ^ Karim Ahmad Khan (20 May 2024), Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine, International Criminal Court, Wikidata Q126841785, archived from the original on 8 June 2024
  18. ^ "Israel Gaza war: ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders". BBC News. 20 May 2024.
  19. ^ "War crimes court ends proceedings against late Hamas leader Haniyeh". Reuters. 6 September 2024.
  20. ^ "ICC prosecutor seeks to confirm death of Hamas leader Deif".
  21. ^ "ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander". BBC. 21 November 2024. Archived from the original on 2024-11-21. Retrieved 2024-11-21.
  22. ^ Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel's challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant, International Criminal Court, 21 November 2024, Wikidata Q131299834, archived from the original on 21 November 2024
  23. ^ Situation in the State of Palestine: ICC Pre-Trial Chamber I issues warrant of arrest for Mohammed Diab Ibrahim Al-Masri (Deif), International Criminal Court, 21 November 2024, Wikidata Q131299862, archived from the original on 21 November 2024
  24. ^ a b c "ICC issues arrest warrant for Israeli PM Netanyahu for 'war crimes' in Gaza". Al Jazeera. Retrieved 2024-11-21.
  25. ^ Haq, Sana Noor (2024-11-21). "Israel-Hamas war in Gaza, Hezbollah ceasefire talks". CNN. Retrieved 2024-11-21.
  26. ^ a b c d e f g h i j k "World reacts to ICC arrest warrants for Israel's Netanyahu, Gallant". Al Jazeera. Retrieved 2024-11-21.
  27. ^ Stephens, Max; Hardaker, Daniel; Penna, Dominic (2024-11-21). "Netanyahu latest: Starmer backs ICC over arrest warrant for Netanyahu". The Telegraph. ISSN 0307-1235. Retrieved 2024-11-21.
  28. ^ "UK refuses to say if Netanyahu would be arrested on British soil following ICC warrant". Middle East Eye. Retrieved 2024-11-21.
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