ICC issues arrest warrants for Israel PM Netanyahu, Yoav Gallant and Hamas leaders over Gaza war crimes
By Sunita Iyer | First Published Nov 21, 2024, 5:43 PM ISTThe warrants make Israel PM Benjamin Netanyahu and the others internationally wanted individuals, potentially increasing their isolation and complicating efforts to negotiate a cease-fire in the ongoing 13-month conflict.
The International Criminal Court (ICC) issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant, and several Hamas leaders, accusing them of war crimes and crimes against humanity stemming from the war in Gaza and the October 2023 attacks that initiated Israel’s offensive in the Palestinian territory.
The warrants make Netanyahu and the others internationally wanted individuals, potentially increasing their isolation and complicating efforts to negotiate a cease-fire in the ongoing 13-month conflict. However, the practical impact of the warrants could be limited, as neither Israel nor its key ally, the United States, are members of the ICC. Additionally, some of the Hamas officials named have since been killed during the conflict.
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Netanyahu and other Israeli leaders denounced ICC Chief Prosecutor Karim Khan’s request for the warrants as disgraceful and antisemitic. US President Joe Biden also criticized the move, reaffirming support for Israel’s right to defend itself against Hamas. Hamas, in turn, condemned the prosecutor’s actions.
“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,” the three-judge panel wrote in its unanimous decision to issue warrants for Netanyahu and his former defense minister.
In September, the Israeli Foreign Ministry announced that it had submitted two legal briefs challenging the ICC’s jurisdiction, arguing that the court failed to allow Israel the opportunity to investigate the allegations independently before issuing the warrants.
“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,” Foreign Ministry spokesperson Oren Marmorstein wrote on X.
He stated that Israel remains “steadfast in its commitment to the rule of law and justice” and will continue to defend its citizens against militancy.
The ICC, a court of last resort, intervenes only when domestic law enforcement is unable or unwilling to investigate. Israel, not a member of the ICC, has faced criticism from rights groups for its past challenges in conducting self-investigations.
Despite the issuance of warrants, it is unlikely that any of the suspects will appear before judges in The Hague soon. The court lacks its own police force to enforce warrants and depends on the cooperation of its member states.
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