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International Criminal Court arrest warrants for Israeli figures

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Benjamin Netanyahu (left) and Yoav Gallant, both issued arrest warrants by the ICC.

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 warrant against Netanyahu is the first against the head of government of a major Western ally.[3]

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.[a] 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.[6]

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.[7]

All of the 124 member states of the ICC, are obliged by their agreements to the courts founding statute to arrest and hand over any individual with an active ICC arrest warrant, if they are identified in their territory. However, the court has no means of enforcing an arrest and has no police force, and can only potentially sanction a non-cooperative member state.[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]

Charges

On 21 November 2024, the ICC's Preliminary Chamber I's Judges Nicolas Guillou (Presiding, France), Reine Adélaïde Sophie Alapini-Gansou (Benin) and Beti Hohler (Slovenia)[21] issued arrest warrants under request from chief prosecutor Khan in regards to "the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza"[22][23] for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif.[24] The court further rejected Israel's "challenge to the jurisdiction of the Court."[25]

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."[26]

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".[27]

Reactions

Prime Minister of Israel
@IsraeliPM
 X logo, a stylized letter X

The antisemitic decision of the International Criminal Court is a modern Dreyfus trial – and will end the same way.

Israel utterly rejects the false and absurd charges of the International Criminal Court, a biased and discriminatory political body.

https://www.gov.il/en/pages/spoke-hague211124

November 21, 2024[28]

Governments

Domestic

Foreign Minister Israel Katz claimed that the "ICC had lost its legitimacy." Knesset Foreign Affairs and Defence Committee Chairman Yuli Edelstein said that it was "a shameful decision by a political body held captive by Islamist interests."[29]
Israeli opposition leader Yair Lapid condemned the ICC's decision.[30]
  •  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.[30]
  •  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".[31]

Following Israeli accusations about the neutrality of Judge Beti Hohler, the ICC responded that Hohler had no prior involvement in investigations related to Palestine while at the Office of the Prosecutor. Hohler adde that she had "not accessed any documents, evidence, or secret files related to the matter."[32]

International

  •  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.[33]
  •  Algeria: The Foreign Ministry issued a statement in regards to the Israelis that read "this action, long advocated by Algeria through President Abdelmadjid Tebboune, marks a significant step toward ending decades of impunity."[34]
  •  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".[33]
  •  Australia: Foreign Minister Penny Wong stated in an X post that the Australian government "respects the independence of the ICC and its important role in upholding international law".[35]
  •  Austria: Foreign Minister Alexander Schallenberg called the ICC arrest warrant "incomprehensible and ludicrous". However, Schallenberg's office also recognized that Austria, as a party of the Rome Statute, is obliged to implement ICC arrest warrants.[33]
  •  Belgium: The Foreign Ministry said it "fully supports" international law and “will comply with” the warrant.[36]
  •  Canada: Prime Minister Justin Trudeau said that Canada would "abide by international law".[33]
  •  Chile: In a statement, the Foreign Ministry wrote that it supports the work of the ICC and hopes that all states would "cooperate with its investigation and decisions", while calling on all parties in the conflict to "put an end to the grave violations of international humanitarian law and human rights".[37]
  •  Colombia: President Gustavo Petro wrote that the ruling was "logical" and "must be complied with", calling Netanyahu "genocidal". He also stated that if U.S. President Joe Biden ignores the order, it would "lead the world into barbarism", and further called on Western European leaders to comply with the warrant.[38]
  •  France: 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".[33]
  •  Germany: A government spokesperson stated that Germany will "carefully examine" the arrest warrants for Netanyahu and Gallant, but that further steps would not be taken until a visit by any of the two to the country. The spokesperson further said that Germany is one of the "biggest supporters" of the ICC, but also recalled the close relationship between Germany and Israel.[33]
  •  Hungary: Prime Minister Viktor Orbán said he would not carry out the warrants,[39] calling them "brazen and cynical" and accusing the ICC's order of being issued "for political purposes". He further invited Netanyahu to visit Hungary and defy the arrest warrant. Foreign Minister Péter Szijjártó condemned the ICC's decision as "shameful and absurd".[33]
  •  Iran: Islamic Revolutionary Guards Corps General Hossein Salami said: "This means the end and political death of the Zionist regime, a regime that today lives in absolute political isolation in the world and its officials can no longer travel to other countries."[40]
  •  Ireland: Prime Minister Simon Harris called the arrest warrants "an extremely significant step", while affirming Ireland's respect for the ICC and stating that anyone in a position to assist it in its work must do so "with urgency."[33]
  •  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.[33]
  •  Jordan: Foreign Minister Ayman Safadi said the ICC's decision must be respected and implemented and that "Palestinians deserve justice".[33]
  •  Lebanon: The Foreign Ministry welcomed the decision to issue arrest warrants for Netanyahu and Gallant, stating that it "restores respect for international legitimacy and the concept of justice and international laws" and constitutes "a clear condemnation of the crimes committed by Israel against civilians."[41]
  •  Lithuania: The Foreign Ministry confirmed that the arrest warrant would be executed.[42]
  •  Netherlands: 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.[30]
  •  Norway: Foreign Minister Espen Barth Eide stated, "It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards."[33]
  •  Paraguay: In a press release, the Foreign Ministry said that it "regrets" the arrest warrants against Netanyahu and Gallant, adding that the Paraguayan government "energetically rejects" what it considers to be "the political instrumentalization of international law".[43]
  •  Slovenia: Prime Minister Robert Golob stated that Slovenia "will fully comply" with the arrest warrants.[44]
  •  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".[33]
  •  Spain: The Foreign Ministry stated that Spain "respects" the ICC's decision, confirming that the country "will comply with its commitments and obligations in relation to the Rome Statute and international law".[45]
  •  Sweden: Foreign Minister Maria Malmer Stenergard stated that her country and the EU "support the court's important work and protect its independence and integrity", adding that Swedish legal authorities will decide on the arrest of subjects of ICC warrants.[33]
  •   Switzerland: The Federal Office of Justice said that it is obliged to cooperate with the ICC as per the Rome Statute, and therefore would arrest Netanyahu, Gallant or Masri if they entered Switzerland.[33]
  •  Turkey: Foreign Minister Hakan Fidan called the ICC arrest warrant "hopeful" and a crucial step in bringing Israeli authorities to justice for their "genocide" against Palestinians, adding: "We will continue to work to ensure that international law is implemented to punish genocide."[33]
  •  United Kingdom: Prime Minister Keir Starmer's spokesperson said that the British government respects the independence of the International Criminal Court and indicated that Netanyahu would face arrest if he entered the United Kingdom.[46][47][48]
Ruling Labour Party MPs and other opposition leaders from the Liberal Democrats' Ed Davey, Independent Jeremy Corbyn supported the ICC's decision, while some called for either sanctions or a ceasefire as well.[49] The main opposition party, the Conservative Party, urged Starmer to condemn the arrest warrants, calling them "concerning and provocative". [50]
  •  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".[33] President Joe Biden called the arrest warrant for Netanyahu "outrageous".[51]
Senator Lindsay Graham (R-SC) called the a ICC a "dangerous joke"[52] and for sanctions on the ICC in a bill already proposed.[53] Similarly, Senator Chuck Schumer (D-NY) said that Congress "needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it." Representative Mike Waltz (R-FL) added that the "The ICC has no credibility and these allegations have been refuted by the US government." Representative Tom Cotton (R-AR) called for military force, according to the domestic law The Hague Invasion Act, to use "all means necessary and appropriate." Senator John Fetterman (D-PA) wrote on social media that the ICC has: "No standing, relevance, or path. Fuck that." His colleagues, Representative Jared Moskowitz (D-FL) accused the ICC of having an "antisemitic double standard," Senator Jacky Rosen (R-NV) called on Biden to "use his authority to swiftly respond to this overreach" and Representative Ritchie Torres (D-NY) accused the ICC of "criminalizing self-defence." On the other hand, Representative Rashida Tlaib (D-MI) said: "The International Criminal Court’s long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending."[54]

International law professor Eliav Lieblich (Tel-Aviv University) characterised the decision as "the most dramatic legal development in Israel's history", referring to his view that all 124 States Parties to the Rome Statute, including "most of Israel's closest allies", were legally obliged to arrest Netanyahu and Gallant if they are present in their territories.[55] International law professors Matthias Goldmann and Kai Ambos said to Der Tagesspiegel that Germany was legally obliged to enforce the arrest warrants.[56]

See also

Notes

  1. ^ The ICC argued that it was unable to determine whether Deif had been killed, and was therefore issuing the warrant for his arrest.[4][5]

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. ^ Fahim, Kareem (21 November 2024). "ICC arrest warrants accuse Netanyahu, Gallant of war crimes in Gaza". The Washington Post.
  4. ^ 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.
  5. ^ "ICC issues arrest warrant for Israeli PM Netanyahu for 'war crimes' in Gaza". Al Jazeera. Retrieved 2024-11-21.
  6. ^ "ICC issues arrest warrants for Israeli PM Netanyahu for alleged war crimes in Gaza". NBC News. 2024-11-21. Retrieved 2024-11-21.
  7. ^ "What is the ICC, which has issued arrest warrants for Israeli and Hamas leaders?". Reuters. November 21, 2024. Retrieved November 21, 2024.
  8. ^ van den Berg, Stephanie (November 21, 2024). "What's next after ICC issues warrants for Netanyahu, Gallant, Hamas leader?". Reuters. 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. ^ https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a0ebd9.pdf
  22. ^ https://www.icc-cpi.int/news/situation-state-palestine-icc-pre-trial-chamber-i-rejects-state-israels-challenges
  23. ^ "The implications of the ICC's arrest warrant against Benjamin Netanyahu for crimes against humanity".
  24. ^ "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.
  25. ^ https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a0ebd8.pdf
  26. ^ 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
  27. ^ 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
  28. ^ https://x.com/israelipm/status/1859607527412904186?s=46
  29. ^ "Netanyahu arrest warrant damned by Israel, welcomed by Palestinians".
  30. ^ a b c "ICC issues arrest warrant for Israeli PM Netanyahu for 'war crimes' in Gaza". Al Jazeera. Retrieved 2024-11-21.
  31. ^ Haq, Sana Noor (2024-11-21). "Israel-Hamas war in Gaza, Hezbollah ceasefire talks". CNN. Retrieved 2024-11-21.
  32. ^ https://www.middleeastmonitor.com/20241122-icc-responds-to-israeli-doubts-over-judges-impartiality/
  33. ^ a b c d e f g h i j k l m n o p "World reacts to ICC arrest warrants for Israel's Netanyahu, Gallant". Al Jazeera. Retrieved 2024-11-21.
  34. ^ https://al24news.com/en/algeria-warmly-welcomes-iccs-issuance-of-arrest-warrants-for-zionist-officials/
  35. ^ "Wong responds to Netanyahu's ICC arrest warrant as US labels move 'outrageous'". SBS News. 2024-11-12. Retrieved 2024-11-22.
  36. ^ "Belgium says it 'will comply with obligation' if any person under ICC arrest warrant is in its territory".
  37. ^ "Comunicado de prensa" [Press release]. Ministerio de Relaciones Exteriores. 21 November 2024. Retrieved 22 November 2024.
  38. ^ "Petro celebra orden de arresto contra Netanyahu y defiende que "se debe acatar el fallo"" [Petro welcomes arrest warrant against Netanyahu and upholds that "the ruling must be complied with"]. Forbes Colombia (in Spanish). 21 November 2024. Retrieved 21 November 2024.
  39. ^ "European leaders give mixed reactions on Netanyahu's arrest warrant".
  40. ^ "Iran Guards Chief Says Netanyahu ICC Warrant 'Political Death' of Israel".
  41. ^ "Lebanon's Foreign Ministry welcomes arrest warrants against Netanyahu, Gallant: Restore respect to international legitimacy, justice concept". National News Agency. 22 November 2024. Retrieved 22 November 2024.
  42. ^ "Ministerija: Netanyahu išduotas tarptautinis arešto orderis turi būti vykdomas". LRT (in Lithuanian). Retrieved 2024-11-21.
  43. ^ "CPI ordenó arresto contra Benjamín Netanyahu, primer ministro de Israel. Paraguay protesta" [The ICC ordered the arrest of Benjamin Netanyahu, Prime Minister of Israel. Paraguay protests]. La Tribuna (in Spanish). 21 November 2024. Retrieved 22 November 2024.
  44. ^ "Slovenia will respect ICC arrest warrants for Israel, Hamas leaders, PM says". Reuters. 22 November 2024. Retrieved 22 November 2024.
  45. ^ "España afirma que "cumplirá con los compromisos" de la Corte Penal Internacional: detendrá a Netanyahu si entra en el país" [Spain affirms that it "will comply with its commitments" to the International Criminal Court: will arrest Netanyahu if he enters the country]. elDiario.es (in Spanish). 21 November 2024. Retrieved 21 November 2024.
  46. ^ 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.
  47. ^ "UK refuses to say if Netanyahu would be arrested on British soil following ICC warrant". Middle East Eye. Retrieved 2024-11-21.
  48. ^ "No 10 indicates Benjamin Netanyahu faces arrest if he enters UK". BBC News. 2024-11-22. Retrieved 2024-11-22.
  49. ^ "British MPS urge government to endorse ICC arrest warrant for Netanyahu, Gallant".
  50. ^ "Tories hit out at 'concerning and provocative' ICC arrest warrant for Netanyahu". The Independent. 2024-11-21. Retrieved 2024-11-22.
  51. ^ "Israel Gaza: Netanyahu ICC war crimes arrest warrant 'outrageous' says Biden". BBC News. 2024-11-22. Retrieved 2024-11-22.
  52. ^ "Graham slams ICC's Netanyahu warrant".
  53. ^ https://www.timesofisrael.com/liveblog_entry/gop-lawmaker-says-senate-should-pass-stalled-bill-to-sanction-icc/
  54. ^ "How US politicians responded to Netanyahu's ICC arrest warrant".
  55. ^ 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)
  56. ^ Böhme, Christian; Nüsse, Andrea (2024-11-21). "Haftbefehle gegen Netanjahu, Gallant und Hamas-Anführer: Welche Folgen hat das IStGH-Urteil?". Der Tagesspiegel (in German). ISSN 1865-2263. Retrieved 2024-11-22.
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