The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister, Yoav Gallant, accusing them of war crimes and crimes against humanity “committed from at least 8 October 2023 until at least 20 May 2024.”
The three-judge panel wrote in its unanimous decision to issue the warrants that 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.”
In a separate statement, the ICC also said that Mohammed Deif, full name Mohammed Diab Ibrahim Al-Masri, is subject to international arrest.
The court said it “unanimously” decided to issue the warrant against him “for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.”
The alleged crimes include firing rockets at Israeli territory and the October 7 attacks that saw over 1,000 Israelis killed.
Israel claims to have killed Deif, the longtime leader of Hamas’s armed wing, the Qassam Brigades, in an air strike this past July. That attack had struck tents housing displaced Palestinians and a water distillation plant, killing at least 90 people and wounding 300 others.
The ICC’s decision turns Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a cease-fire to end the 13-month conflict.
However, its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and several of the Hamas officials have been subsequently killed in the conflict.
Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor, Karim Khan’s request for warrants as disgraceful and antisemitic.
U.S. President Joe Biden also blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.
The Israeli Foreign Ministry said in September that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.
Foreign Ministry spokesperson, Oren Marmorstein wrote on X, “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.”
He said that Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy.
The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court.
Despite the warrants, none of the suspects is likely to face judges in The Hague any time soon. The court itself has no police to enforce warrants, instead relying on cooperation from its member states.
Death Toll Passes 44,000
Meanwhile, local health officials announced that the death toll in the Gaza Strip from the 13-month-old war between Israel and Hamas has surpassed 44,000.
The Health Ministry said 44,056 people have been killed and 104,268 wounded since the start of the war.
It has said that the real toll is higher because thousands of bodies are buried under rubble or in areas that medics cannot access.
The Gaza Health Ministry does not distinguish between civilians and combatants in its count, but it has said that more than half of the fatalities are women and children.
The Israeli military says that it has killed over 17,000 militants, without providing evidence.
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