ICC issues arrest warrants for PM Netanyahu and former DM Gallant over ‘war crimes, starvation, crimes against humanity’

Israeli politicians across political divide were outraged by the decision

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant “for crimes against humanity and war crimes” allegedly committed during the Gaza War.

In addition, a warrant was issued for Hamas military leader Muhammad Deif, who was killed by the IDF months ago. ICC chief prosecutor Karim Khan had requested the warrants in May.

The court issued the warrants after ruling that it has jurisdiction in the case, contrary to Israel’s stated position which doesn’t recognize the court’s authority.

In a detailed explanation of its decision, the court wrote it found “reasonable grounds to believe” that Netanyahu and Gallant “each bear criminal responsibility for the following crimes 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.”

The court accused them of “intentionally and knowingly” depriving Gazan civilians “of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

The court further argued that even decisions allowing or increasing humanitarian assistance into Gaza “were often conditional” and only made in “response to the pressure of the international community or requests by the United States of America. In any event, the increases in humanitarian assistance were not sufficient to improve the population’s access to essential goods.”

“The Chamber therefore found reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility for the war crime of starvation as a method of warfare.”

Furthermore, the ICC accused Netanyahu and Gallant of depriving the civilian population of Gaza of fundamental rights “based on political and/or national grounds,” amounting to the crime against humanity of persecution.

The ICC’s decision had been awaited for several months, and caused considerable outrage among Israeli leaders from across the country’s deeply divided political scene.

President Isaac Herzog declared a “black day” for justice and humanity. “The absurd decision of the International Criminal Court, made in bad faith, turned universal justice into a universal joke. It ridiculed the sacrifice of all those who fought for justice - from the Allied victory over the Nazis until today.”

Foreign Minister Gideon Sa’ar dubbed the decision “a moral deficiency that turns good into bad and serves evil,” adding it was “a reward and encouragement for the axis of evil.”

Opposition leader Yair Lapid wrote on X: “I condemn the decision of the court in The Hague, Israel defends its life against terrorist organizations that attacked, murdered and raped our citizens, these arrest warrants are a reward for terrorism

National Unity leader Benny Gantz said the court’s “decision is moral blindness and a historical disgrace that will never be forgotten.”

Former prime minister Naftali Bennett warned that the arrest warrants would be “a mark of Cain not on the faces of Israel's leaders, but on the ICC.”

Finally, National Security Minister Itamar Ben Gvir proposed to respond by annexing Judea and Samaria. “The answer to the arrest warrants - applying sovereignty to all the territories of Judea and Samaria, Jewish settlement in all parts of the country and severing ties with the terrorist [Palestinian] Authority, including sanctions.”

The authority of the ICC rests on the Rome Statutes, which were ratified by European Union states and many other nations – but not by the U.S., Russia, China, India, and Israel.

The ICC admitted the “State of Palestine” as a member in a controversial move, in effect granting itself the authority to investigate alleged crimes in the areas of Judea and Samaria, as well as the Gaza Strip.

In principle, the Rome Statute only grants the ICC the authority to prosecute individuals from states that are unable or unwilling to prosecute the alleged crimes themselves.