International Criminal Court issues arrest warrants against Netanyahu, ex-Israel defence minister Yoav Gallant

The International Criminal Court (ICC) on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The ICC accused Netanyahu and Gallant of crimes against humanity, including murder, persecution, and inhumane acts, as well as the war crime of starvation as a method of warfare. They allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, leading to severe humanitarian crises and deaths, including among children.

Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas on October 7 last year. The war between Israel and Hamas has led to the death of thousands of civilians, while lakhs have been displaced. The key infrastructures in Gaza, including hospitals and schools, were also reduced to rubble as Israel vowed to wipe out Hamas.

The court said it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. The court ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

“The Chamber assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza,” the court said.

The ICC noted that the lack of food, water, electricity and fuel, and medical supplies created “conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration”.

CHALLENGES BY ISRAEL REJECTED

The International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. However, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It noted Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Israel had also requested a fresh notification regarding the investigation, initiated in 2021. The court rejected this, stating Israel had earlier declined to request a deferral, making additional notifications unnecessary.