ICC issues arrest warrant for Israeli PM Netanyahu for ‘war crimes’ in Gaza 

BenjaThe International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister and a Hamas military commander for alleged war crimes.

Netanyahu and former Defence Minister Yoav Gallant were accused of “crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024”, a statement from the court said on Thursday.

There are “reasonable grounds” to believe that Gallant and Netanyahu “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”, it said.

Netanyahu’s office said in a statement that “Israel rejects with disgust the absurd and false actions leveled against it by ICC”, adding that Israel won’t “give in to pressure” in the defence of its citizens.

The court also decided “unanimously” to issue an arrest warrant for Hamas’s military commander Mohammed al-Masri, known as Mohammed Deif, “for alleged crimes against humanity and war crimes committed” in Israel and Palestine from October 7, 2023.

It accused him of crimes including murder, torture, rape and other forms of sexual violence.

An estimated 1,139 people were killed in Israel during the Hamas-led attacks that day, and more than 200 were taken captive.

Israel claims to have killed Deif in an air raid in southern Gaza in July. But the court decided to proceed with the warrant, saying it was “not in a position to determine whether [he] has been killed or remains alive”.

ICC Prosecutor Karim Khan had applied for arrest warrants against the Israeli officials and three Hamas leaders in May for alleged crimes committed during the Hamas-led October 7, 2023 attack on southern Israel and Israel’s subsequent war on Gaza.

ICC prosecutors said there were reasonable grounds to believe Netanyahu and Gallant – as well as Hamas leader Yahya Sinwar, the group’s political chief Ismail Haniyeh and Deif – bear criminal responsibility for alleged war crimes and crimes against humanity.

Haniyeh was assassinated in Iran in July. Sinwar was killed in combat with the Israeli military in October.

Netanyahu fired Gallant earlier this month, saying he had lost confidence in him over the management of Israel’s wars in Gaza and Lebanon.

Israel calls ICC ruling ‘anti-Semitic’

Israel is not a member of the ICC and Netanyahu has previously called the prosecutor’s accusations against him a “disgrace”, an attack on the Israeli military and all of Israel.

But the ICC said on Thursday that it had unanimously decided to reject Israel’s appeal over the court’s jurisdiction.

Reporting from Amman, Jordan, Al Jazeera’s Hamdah Salhut said, “Israel did its best to discredit the ICC. It tried to challenge its jurisdiction … and Israeli politicians internally were doing everything they could to fight [the potential issue of arrest warrants].”

The Israeli prime minister’s office in a statement called the move “anti-Semitic” and likened it to a “modern-day Dreyfus trial”, a reference to an incident in France around the turn of the 20th century in which a French military man of Jewish descent was wrongfully convicted of treason.

“Israel vehemently rejects the absurd and false actions and accusations against it by the International Criminal Court, a biased and discriminatory political body,” the statement said.

Israeli opposition leader Yair Lapid also condemned the court’s decision, while former Defence Minister Avigdor Lieberman wrote in a post on X that Israel “will not apologise for protecting its citizens and is committed to continuing to fight terrorism without compromise”.

Hamas welcomed the ICC’s issuance of arrest warrants for Netanyahu and his former defence minister as an “important step towards justice”.

“[It is] an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” Hamas political bureau member Basem Naim said in a statement.

Al Jazeera’s senior political analyst Marwan Bishara praised the court’s move, saying “at last, the people of Gaza, after a year of unfolding genocide, might be able to see their perpetrators face justice”.

Reporting from Deir el-Balah in central Gaza, Al Jazeera’s Hani Mahmoud said that residents remained sceptical.

“It is taken with a little bit of scepticism… again, we know the unwavering American support [for Israel],” he said.

“So people are very suspicious of the outcome of this arrest warrant and say that it might be challenged by the US administration, whether it is the [current] one or the [incoming administration], which has also vowed support to Israeli officials.”

At least 44,056 people have been killed and 104,286 others wounded in Israel’s war on Gaza since October 7, 2023, according to Palestinian health authorities.

What next?

Neve Gordan, a professor of human rights law at Queen Mary University of London, told Al Jazeera that the decision to issue arrest warrants could impact weapons transfers to Israel.

“If the leaders of Israel are charged with carrying out crimes against humanity by the ICC,” he said, “it means that the weapons the European countries are sending to Israel are used to carry out crimes against humanity and they have to reassess all their trade of weapons with Israel from today and, I would say, stop sending these weapons.”