Above photo: AA via Getty Images.
The court has been under heavy US pressure and threats to forgo authorizing arrest orders against Netanyahu and his former defense chief.
The International Criminal Court (ICC) issued on 21 November arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant for war crimes in Gaza, in a landmark move coming several months after the court’s top prosecutor filed applications for their arrest.
“Today … Pre-Trial Chamber I of the International Criminal Court (‘Court’), in its composition for the Situation in the State of Palestine, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel’) brought under articles 18 and 19 of the Rome Statute (the ‘Statute’). It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant,” the court said in a press release.
“The Chamber found reasonable grounds to believe that Mr Netanyahu … and Mr 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,” it added.
It also stated that “each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.”
Israeli opposition leaders Yair Lapid and Avigdor Liberman commented on the warrants. Lapid condemned the court and said Israel is “fighting for its life,” while Lieberman accused the ICC of “double standards and hypocrisy.”
Israel’s National Security Minister Itamar Ben Gvir called it “an unprecedented disgrace.”
“The Hague shows once again that it is anti-Semitic through and through. This is complete system madness. I support the prime minister in the just war,” he added. Ben Gvir also said that Israel should respond by annexing the West Bank, reestablishing settlements in Gaza, and severing ties with the Palestinian Authority (PA).
“This is a dark day for justice. A dark day for humanity. Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughing stock,” said Israeli President Isaac Herzog.
This is a dark day for justice. A dark day for humanity.
Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughing stock. It makes a mockery of the sacrifice of all those who fight for justice – from the Allied victory over…
— יצחק הרצוג Isaac Herzog (@Isaac_Herzog) November 21, 2024
The Palestinian Islamic Jihad (PIJ) movement welcomed the issuing of the warrants in a statement, but said that it “came very late.”
Hamas also welcomed the decision in its own statement and said it marked “an important historical precedent.”
Netanyahu’s office commented on the move as well: “Israel rejects with disgust the absurd and false actions and charges against it by the International Criminal Court, which is a biased and discriminatory political body.”
Chief Prosecutor of the ICC Karim Khan announced in late May that the court had applied for arrest warrants against the two Israeli officials. The applications also included warrants for Hamas leaders Yahya Sinwar and Mohammad Deif.
The decision came months after the International Court of Justice (ICJ) ruled in January that Israel must halt all genocidal actions in the Gaza Strip after Tel Aviv was accused of genocide in a case brought forth by South Africa.
Khan said there were reasonable grounds to believe that all bore criminal responsibility for war crimes and crimes against humanity from at least 7 October 2023.
Prior to the application for the warrants, it was announced that US lawmakers were preparing legislation to target the ICC for going after the Israeli leaders. Mike Johnson, Republican speaker of the US House of Representatives, said three days after the application for the warrants was announced that Washington “should punish the ICC and put Karim Khan back in his place.”
The ICC prosecutor confirmed in early September that world leaders had, in fact, pressured him against applying for the warrants.
In May, The Guardian reported that Tel Aviv waged a years-long intimidation campaign against the ICC – which included the “stalking” and “threatening” of its officials – in a bid to stifle investigations into Israeli war crimes.
The Netherlands and France will comply with the @IntlCrimCourt warrant of arrest for the two war criminals @Netanyahu and @yoavgallant.
— Elijah J. Magnier 🇪🇺 (@ejmalrai) November 21, 2024
BELGIAN DEPUTY PM: The International Criminal Court has issued arrest warrants for Netanyahu, Galant and Al-Daif, and Europe must comply.
BORRELL: The International Criminal Court’s order to arrest Netanyahu and Galant is not political and the court’s decision must be respected… pic.twitter.com/hcnXbntWCA
— The Palestine Chronicle (@PalestineChron) November 21, 2024