The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity committed during the period from October 8, 2023, to May 20, 2024. The decision, announced on November 21, 2024, follows extensive deliberation by the ICC’s Pre-Trial Chamber I on Israel’s challenges to the court’s jurisdiction and investigation.
The ICC also issued an arrest warrant for Hamas leader Mohammed Diab Ibrahim al-Masri.
Israel’s Challenges to ICC Jurisdiction
The ICC’s Pre-Trial Chamber I rejected two separate challenges filed by Israel. The first, submitted on September 26, 2024, disputed the court’s jurisdiction over the situation in Palestine, arguing that Israeli nationals should not fall under ICC authority. The second challenge sought a new notification of the investigation under Article 18(1) of the Rome Statute, which Israel claimed would give its authorities the opportunity to address the allegations domestically.
The court dismissed these challenges, noting that its jurisdiction over Palestine was established in prior rulings. It determined that Israel’s acceptance of the court’s jurisdiction was not required, as Palestine is a State Party to the Rome Statute. The Chamber also ruled that Israel’s challenge under Article 19(2) was premature, as jurisdictional disputes can only be raised after the issuance of an arrest warrant.
Regarding the second challenge, the Chamber found that the scope of the ICC’s investigation, initiated in 2021, had not changed, rendering Israel’s request for a new notification unnecessary. Consequently, the court allowed the proceedings, including the issuance of arrest warrants, to move forward.
Details of the Arrest Warrants
The ICC accused Netanyahu and Gallant of bearing criminal responsibility for crimes against humanity and war crimes, including the intentional targeting of civilians and the use of starvation as a method of warfare. These crimes, the Chamber stated, were part of a widespread and systematic attack on the civilian population in Gaza, particularly during an international armed conflict between Israel and Palestine.
The alleged conduct includes depriving Gaza’s population of essential goods such as food, water, medicine, and fuel, as well as obstructing humanitarian aid operations. The Chamber found reasonable grounds to believe that the accused leaders intentionally impeded relief efforts in violation of international humanitarian law.
The court highlighted that the restrictions on aid, including conditional approvals for limited supplies, were not aimed at fulfilling Israel’s humanitarian obligations but were instead influenced by external pressures, including international appeals and requests by the United States. Even with these concessions, the measures taken were insufficient to alleviate the humanitarian crisis.
The ICC also identified a lack of military necessity for the restrictions imposed on Gaza. The court found that these actions were in direct contravention of international humanitarian law and contributed to severe suffering among the civilian population, including disruptions to water supplies and the inability of hospitals to provide medical care.
Classification and Scope of the Arrest Warrants
While the arrest warrants remain classified to safeguard witnesses and ongoing investigations, the ICC released select details to inform victims and their families of the court’s actions. The Chamber clarified that the alleged crimes fall within its jurisdiction, as determined in previous rulings, and noted the importance of addressing crimes committed during both international and non-international armed conflicts.
The ICC stated that the arrest warrants target crimes that involved not only the direct actions of the accused but also their responsibilities as civilian leaders. Netanyahu and Gallant are alleged to have acted as co-perpetrators and are further accused of neglecting their duties to prevent or mitigate the suffering of civilians.
Implications of the ICC Decision
This marks a significant development in international efforts to address alleged war crimes in the Israel-Palestine conflict. By issuing arrest warrants for two senior Israeli leaders, the ICC underscores its jurisdiction over occupied territories and the accountability of high-ranking officials in cases of humanitarian violations.
The court’s findings emphasised the importance of addressing crimes systematically executed against Gaza’s civilian population, with specific attention to acts of persecution, murder, and inhumane treatment. This decision has potential far-reaching consequences, both legally and politically, as Israel continues to reject the ICC’s authority.
