Issues of Arrest Warrants for Israeli Prime Minister, Hamas Military Commander: ICC Decisions Explored

Judges at the International Criminal Court (ICC) have issued arrest warrants for Israel’s prime minister and former defence minister, as well as Hamas’s military commander.

A statement said a pre-trial chamber had rejected Israel’s challenges to the court’s jurisdiction and issued warrants for Benjamin Netanyahu and Yoav Gallant.

A warrant was also issued for Mohammed Deif, although the Israeli military has said he was killed in an air strike in Gaza in July.

The judges said there were “reasonable grounds” the three men bore “criminal responsibility” for alleged war crimes and crimes against humanity during the war between Israel and Hamas. Both Israel and Hamas have rejected the allegations.

It will now be up to the ICC’s 124 member states – which do not include Israel or its ally, the United States – to decide whether or not to enforce the warrants.

In May, the ICC prosecutor Karim Khan sought warrants for Netanyahu, Gallant, Deif and two other Hamas leaders who have since been killed, Ismail Haniyeh and Yahya Sinwar.

Although Israel believes Deif is dead, the chamber said it had been notified by the ICC prosecution that it was not in a position to determine whether he was killed or remained alive.

The prosecutor’s case against them stems from the events of 7 October 2023, when Hamas gunmen attacked southern Israel, killing about 1,200 people and taking 251 others back to Gaza as hostages.

Israel responded to the attack by launching a military campaign to eliminate Hamas, during which at least 44,000 people have been killed in Gaza, according to the territory’s Hamas-run health ministry.

According to the ICC, the chamber “found reasonable grounds to believe” that Deif was “responsible 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 also said there were reasonable grounds to believe 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”.

For Netanyahu and Gallant, who was replaced as defence minister earlier this month, the chamber “found reasonable grounds to believe” that they “each bear criminal responsibility for the following crimes 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”.