The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif. The warrants accuse the three of bearing criminal responsibility for war crimes and crimes against humanity committed during the Israel-Hamas conflict.
The move has drawn sharply polarised reactions from the international community, with some nations praising the ICC’s actions as a step towards accountability and others vehemently opposing it.
What is the ICC?
The ICC, based in The Hague, Netherlands, is an independent international judicial body that investigates and prosecutes individuals accused of genocide, war crimes, crimes against humanity, and crimes of aggression. Established in 2002 under the Rome Statute, the ICC acts as a "court of last resort," stepping in only when domestic courts are unable or unwilling to prosecute.
While 124 nations are ICC members, key powers such as the United States, China, Russia, and Israel are not. The court’s jurisdiction over the Palestinian territories was confirmed in 2021 when the UN recognised Palestine as a state party to the Rome Statute.
Details of the Arrest Warrants
The ICC’s Pre-Trial Chamber stated there were “reasonable grounds” to believe Netanyahu and Gallant bore responsibility for crimes against humanity, including murder, persecution, and starvation as a method of warfare.
For Deif, the ICC alleges responsibility for crimes against humanity, including murder, extermination, torture, and rape, as well as war crimes such as taking hostages and cruel treatment of civilians.
The warrants stem from events on 7 October 2023, when Hamas launched an attack on Israel, killing over 1,200 people and abducting 251 individuals. Israel's subsequent military campaign in Gaza has, according to the Hamas-run health ministry, resulted in over 44,000 Palestinian deaths.
The ICC prosecutor had initially sought these warrants in May 2024. Israel challenged the ICC’s jurisdiction, but the court rejected those challenges, citing its authority over alleged crimes committed in the occupied Palestinian territories.
Global Reactions
Israel and the United States
Netanyahu condemned the warrants as “antisemitic” and a “modern Dreyfus trial.” In a video statement, he said, “The court in The Hague has become the enemy of humanity. This decision aims to deter us from defending our nation.” Gallant echoed these sentiments, claiming the ICC’s decision equated Israel to Hamas and “legitimised terrorism.”
President Joe Biden called the warrants “outrageous,” adding, “There is no equivalence—none—between Israel and Hamas.” The US, a staunch ally of Israel, does not recognise the ICC and has a history of opposing its jurisdiction over US and allied citizens.
Europe
Reactions across Europe have been mixed:
- France, Italy, and Ireland declared their commitment to enforcing the warrants if the individuals enter their jurisdictions. Irish Taoiseach Simon Harris said, “We support international law and will act accordingly.”
- Germany affirmed its support for the ICC but cited its “special historical relationship” with Israel as a factor in its decision-making.
- Hungary outright rejected the warrants, with Prime Minister Viktor Orban promising Netanyahu safe passage in Hungary.
In the UK, the government stated it would respect its legal obligations under international law. Labour’s Emily Thornberry said, “If Netanyahu comes to Britain, our obligation under the Rome Statute would be to arrest him under the warrant from the ICC.”
South Africa and Other Nations
South Africa, which has previously filed its own case against Israel at the International Court of Justice (ICJ) over alleged genocide, welcomed the ICC’s decision. However, enforcement remains uncertain; South Africa previously failed to arrest Sudan’s Omar al-Bashir in 2015 despite an ICC warrant.
Why Does Accountability Take So Long?
The ICC operates under complex international legal frameworks, often facing political resistance, lack of enforcement mechanisms, and challenges in gathering evidence. The court must also balance diplomatic sensitivities, particularly in high-stakes conflicts like Israel-Palestine.
The ICC’s reliance on member states to enforce arrest warrants further complicates matters. High-profile fugitives, such as Russian President Vladimir Putin and Sudan’s Omar al-Bashir, have evaded justice despite ICC warrants, highlighting the court’s enforcement challenges.
The Impact on Israel and Hamas
Although the ICC has issued warrants, the immediate implications for Netanyahu and Gallant are limited. Both leaders can avoid arrest by steering clear of ICC member states. However, the warrants could restrict international travel and tarnish their reputations.
Hamas, which welcomed the warrants against Netanyahu and Gallant, has faced similar scrutiny. Deif’s case highlights the ICC’s commitment to prosecuting crimes on both sides of the conflict.
Humanitarian Context
The ICC’s decision comes amid an ongoing humanitarian crisis in Gaza. The UN has warned of “diminishing conditions for survival,” with northern Gaza facing near-total siege conditions. Reports indicate a lack of basic supplies, with limited aid delivered in recent weeks.
Netanyahu defended Israel’s actions, stating that his government had facilitated the delivery of humanitarian aid to Gaza despite the conflict. Critics argue that such efforts fall short in addressing the scale of suffering.
Broader Implications
The ICC’s actions could have far-reaching consequences for international law and justice. For victims in both Israel and Gaza, the warrants signal a potential path toward accountability. However, geopolitical divides—particularly between ICC members and non-members—highlight the challenges of enforcing international justice in an increasingly fragmented world.
As the warrants are debated on the global stage, the ICC’s role in addressing alleged war crimes will remain under intense scrutiny.
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