Israeli Prime Minister Benjamin Netanyahu is one of three leaders the International Criminal Court (ICC) has issued arrest warrants for, in relation to alleged war crimes and crimes against humanity in the Middle East.
The ICC, which investigates and prosecutes individuals over breaches of international criminal law, issued the arrest warrants against the Israeli Prime Minister, as well as former defence minister Yoav Gallant, and senior Hamas official Mohammed Deif.
The warrants come as the death toll of Palestinians in Gaza surpasses 44,000 since Israel’s response to Hamas’ attack on October 7 2023, according to Palestinian officials. More than half of Palestinians killed have been women and children, and they continue to bear the brunt of the humanitarian crisis in Gaza that has ensued.
The call for Netanyahu’s and Gallant’s arrests are on the “reasonable” grounds that both Israeli leaders “bear responsibility for … the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”.
Prime Minister Netanyahu’s office has dismissed the allegations as “anti-Semitic”.
“Israel rejects with disgust the absurd and false actions and charges against it by the International Criminal Court, which is a biased and discriminatory political body,” Netanyahu’s office said in a statement.
“There is nothing more just than the war that Israel has been waging in Gaza since the seventh day of October 2023, after the terrorist organization Hamas launched a murderous attack against it, and carried out the greatest massacre committed against the Jewish people since the Holocaust.
“(Netanyahu) will not give in to pressure, will not flinch and will not withdraw until all the war goals set by Israel at the start of the campaign are achieved.”
The ICC also issued an arrest warrant for senior Hamas official Mohammed Deif, who the Israeli Defence Force (IDF) say they killed in July this year. Hamas has neither confirmed nor denied his death.
The ICC says there are “reasonable grounds” that Deif is 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”.
On October 7 2023, Hamas’ attack killed up to 1200 Israeli civilians and took hundreds of hostages. Dozens remain under the hostage of Hamas. The terrorist group is also accused of committing horrific acts of sexual violence against women.
The arrest warrants stemmed from ICC prosecutor Karim Khan, when he announced in May this year that he would be seeking the arrest warrants in relation to the alleged crimes of October 7 and beyond.
In a statement following the ICC’s recent decision, Khan said the attention should be on “the victims of international crimes in Israel and in the State of Palestine”.
“In my own meetings with the victims and families of hostages taken from Kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons,” Khan said.
What happens next?
Basem Naim, a senior Hamas official, said the arrest warrants for Netanyahu and Gallant is an “important step on the path to justice” as long as it is “backed practically by all countries”.
Since Israel is not one of the 124 member countries of the ICC, the state has no obligation to act on the ICC’s prosecution and will likely not arrest Netanyahu and Gallant.
Meanwhile, the foreign ministries of France and the Netherlands are reported to have said they will back and uphold the ICC’s principles. According to Dutch press, foreign minister Caspar Veldkamp said he endorses the ICC’s decision, while the French foreign ministry said it would act in line with ICC principles.
Australia is a member of the ICC. When Khan announced in May the ICC would be seeking the arrest warrants, Prime Minister Anthony Albanese was unclear on what Australia’s response would be, should Netanyahu or Gallant enter Australia.
Meanwhile, Opposition leader Peter Dutton has labelled Khan’s announcement in May as “completely and utterly repugnant” and “anti-Semitic”.