ICC Issues Arrest Warrants for Israel and Hamas Leaders After Lengthy Delay
After six months of waiting, the International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas' military chief Mohammed Deif, accusing them of crimes against humanity in the ongoing conflict in Gaza. This unprecedented move marks the first time a sitting leader of a major Western ally has been accused of such crimes by a global court, potentially complicating international relations and travel for the Israeli leaders.
In case you haven't been following too closely we’ll walk you back with a quick refresher on how we got here.
Catching Up
ICC’s job is to prosecute individuals for serious international crimes, and acting as a "court of last resort," intervening when national courts are unable or unwilling to prosecute these crimes. The ICC's structure differs from national legal systems (like that of the U.S.) where the judiciary and prosecution are separate to ensure impartiality. At the ICC, a dedicated prosecutor's office represents the international community's interests. On the one hand, this risks bias in the process. But on the other, the centralized approach allows efficient use of limited resources for complex international investigations.
In May, ICC Chief Prosecutor Karim Khan applied for arrest warrants for leaders of both Hamas and Israel, following last October's Hamas-led attack on Israel and Israel's subsequent war in Gaza. His office accused Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Diab Ibrahim al-Masri of war crimes and crimes against humanity. Specific crimes include murder, taking hostages, rape, torture, and other violent acts. Similarly, Israeli leaders Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant were accused of crimes such as "starvation of civilians as a method of warfare," willful killing, and attacks on civilians.
Khan, who visited Gaza and surrounding areas, emphasized the severe impact of these crimes and the need for accountability. However, the ICC's reliance on member state cooperation posed the same challenges as always: neither Hamas nor Israel have been willing to prosecute their leaders for war crimes.
The application for arrest warrant has been sitting with three ICC judges since May. After a long time deliberating whether to issue them, the world finally got an answer in the affirmative.
The current death toll in Gaza estimated to have reached over 44,000 civilians, mostly women and children.
Warrants Issued
Six months after Khan requested the warrants, the ICC has issued them. The warrants have been granted for all the individuals in question, accusing them of crimes against humanity related to the 13-month conflict in Gaza.
The warrants allege that Netanyahu and Gallant used starvation as a warfare method by restricting humanitarian aid and intentionally targeting civilians. Israeli officials deny these charges. The court also issued a warrant for Mohammed Deif for his role in the October 2023 Hamas-led attack on southern Israel, which killed 1,200 people and took 250 hostages. Israel claims to have killed Deif in an airstrike, but Hamas has not confirmed his death. Although ICC prosecutors originally asked for warrants for two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, they have since been killed and so their warrants were moot.
The ICC judges cited evidence of severe humanitarian conditions in Gaza, including lack of food, water, and medical supplies, leading to civilian suffering. The court's decision marks a significant step in its involvement in the Israel-Hamas conflict, making Netanyahu and others internationally wanted suspects and complicating their international travel.
A Mixed Reaction
Human rights groups view the warrants as a step towards accountability. And while some European allies (France) have welcomed the decision and signaled potential arrests if Netanyahu visits, others were not so keen on it.
Israel, which is not an ICC member state, criticizing the warrants, with new Defense Minister Israel Katz labeling the warrants as antisemitic and morally flawed. The U.S. (also not a member state) also expressed concern over the ICC's process.
Israel's government is lobbying against the warrants and considering an appeal. Meanwhile, the conflict has displaced nearly the entire population of Gaza, with most residents relying on aid. Israel initially imposed a total seal on Gaza, later allowing limited aid under U.S. pressure. However, aid levels remain low, with Israel blaming the U.N. distribution system and the U.N. citing Israeli military restrictions.
Upshot Remains Grim
Despite the warrants, enforcement remains challenging, as seen with Russian President Vladimir Putin's ICC warrant. Nonetheless, the threat of arrest complicates international travel for Netanyahu and Gallant, with the EU's 27 member countries bound to detain them if they enter their territories.
In a separate legal battle, Israel faces genocide accusations from South Africa at the International Court of Justice, which Israeli leaders deny, arguing their actions in Gaza are legitimate self-defense against Hamas militants.
Related Resources:
- Ukrainian Victim Initiates Legal Action Against Russians — in Argentinian Court (FindLaw's Courtside)
- The International Criminal Court Seeks to Issue Arrest Warrants for Israel and Hamas Leaders (FindLaw's Courtside)
- War Crimes (FindLaw's Learn About the Law)
