New Delhi: The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in connection with the ongoing conflict in Gaza. The charges, which include the use of starvation as a method of warfare, mark a significant development in the international response to the Middle East crisis.
Criminal Responsibility and Jurisdiction:
The ICC’s Pre-Trial Chamber I stated there are “reasonable grounds” to believe that Netanyahu and Gallant bear responsibility for intentionally depriving Gaza’s civilian population of essential supplies, including food, water, medicine, and fuel. Despite Israel’s legal challenges, the court rejected appeals questioning its jurisdiction.
Although the warrants were initially classified as “secret,” the ICC decided to release them publicly, citing ongoing conduct similar to the alleged crimes.
Parallel Warrants and Repercussions:
A warrant has also been issued for Hamas military commander Mohammed Deif, who Israel claimed to have killed in an airstrike earlier this year. Hamas has not confirmed his death. These warrants have rendered Netanyahu, Gallant, and other leaders internationally wanted individuals, potentially complicating diplomatic efforts for a ceasefire to end the 13-month-long conflict.
In response, Dutch Foreign Minister Caspar Veldkamp stated that the Netherlands would enforce the ICC warrant and arrest Netanyahu if he entered the country.
Broader Context:
The conflict escalated following the October 7 Hamas attack, which killed over 1,170 Israeli civilians and resulted in 252 hostages being taken, with 124 still in Gaza, including 37 confirmed dead. The Israeli retaliation has led to devastating civilian casualties and widespread destruction in Gaza, drawing criticism and international concern.
Israel’s Reaction:
Israel has vehemently denied the ICC’s authority and dismissed the allegations. Prime Minister Netanyahu described ICC Chief Prosecutor Karim Khan’s request for warrants as antisemitic. The U.S., an ally of Israel and a non-member of the ICC, also criticized the move, with President Joe Biden defending Israel’s actions as a response to Hamas.
Israel’s Foreign Ministry argued that the ICC bypassed the nation’s independent legal system, which is capable of addressing such allegations. Spokesperson Oren Marmorstein reiterated Israel’s commitment to justice while asserting its right to defend its citizens from militant threats.
About the ICC:
Established in 2002 in The Hague, Netherlands, the ICC prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity. Unlike the International Court of Justice, which handles disputes between states, the ICC focuses on individual accountability. Its creation was prompted by atrocities in the Yugoslav Wars and the Rwandan Genocide.
