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On Thursday, the International Criminal Court (ICC) issued arrest warrants for Israeli prime minister Benjamin Nentayahu and defence minister Yoav Gallant.
The ICC found that there was a reasonable probability that both Netanyahu and Gallant engaged in war crimes against the Palestinian people between October 8, 2023 and May 20, 2024, when the indictment was filed by ICC prosecutors.
“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, from at least 8 October 2023 to 20 May 2024,” a statement on the ICC’s website about the arrest warrants reads.
Israel began an invasion of Palestinian territory in Gaza after the terrorist group Hamas launched an attack against Israel on October 7, 2023 that killed over 1,200 civilians and saw the group take hostages, some of whom are still held in captivity.
A report published by the UN earlier this summer found that over 40,000 Palestinians had lost their lives in the conflict up to that point, the majority of the casualties being women and children.
The ICC found that Netanyahu and Gallant had impeded access to humanitarian aid, and did not do all within their power to ensure that relief was provided to Palestinians.
“The (ICC) found that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza. The aforementioned restrictions together with cutting off electricity and reducing fuel supply also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care,” the ICC statement goes on to read.
The ICC has found reasonable grounds to believe that Netanyahu and Gallant used the tactic of starvation as a method of warfare against the Palestinian people, an act for which the court believes they may be criminally liable.
The ICC did not find, however, that there were reasonable grounds to arrest Netanyahu and Gallant for the war crime of extermination, but did find reasonable grounds to arrest them for the crime of murder against Palestinian civilians.
The ICC report concludes:
“Finally, the Chamber assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza. In this regard, the Chamber found that the material provided by the Prosecution only allowed it to make findings on two incidents that qualified as attacks that were intentionally directed against civilians. Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so.”
ICC warrant also issued for Hamas chief
The ICC also issued a warrant for the arrest of Mohammed Diab Ibrahim Al-Masri also known as “Dief” for war crimes and crimes against humanity.
The court found that there were reasonable grounds to suspect that Deif had engaged in war crimes related to the October 7 attack because Hamas targeted civilians.
The court further found that there were reasonable grounds to suspect that the hostages that were being detained by Hamas and its allies were being subjected to gender-based violence, including rape.
“On the basis of the material presented, the Chamber found reasonable grounds to believe that the crimes of torture as a crime against humanity and war crime, rape and other forms of sexual violence as crimes against humanity and war crimes, cruel treatment as a war crime, and outrages upon personal dignity as a war crime were committed against these persons during the relevant period,” the ICC statement on Deif reads.
Israel announced earlier this summer that they suspect the Deif had in fact been killed in an airstrike.
Reactions to arrest warrants
At a media event on Thursday, Prime Minister Justin Trudeau said that the country would abide by the rulings of the ICC.
The implication of this being that should Netanyahu, Gallant, Deif, or any other individual subject to an arrest warrant by the ICC would be detained should they step on Canadian soil.
Individuals and organizations that have opposed Israel’s attack against Palestinian civilians reacted positively to the news of the arrest warrants.
“This is an important moment. Canada has chosen to do the right thing. We must continue to do the right thing. We must continue to uphold international law. We must not equivocate when it comes to upholding the international rules based order,” reads a statement from the National Council of Canadian Muslims.
Israel rejected the findings of the court as “antisemitic,” as did Israel’s strongest ally, the US.
The US is not a member of the ICC and is not bound by its rulings.
The US national security council released the following statement:
“The United States has been clear that the ICC does not have jurisdiction over this matter. In coordination with partners, including Israel, we are discussing next steps.”
Editor’s Note 2024-11-22: This article has been updated to correct that Yoav Gallant is Israel’s former defence minister.
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