ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander
International Criminal Court (ICC) judges have issued arrest warrants for the Israeli prime minister and former defense minister, as well as Hamas military commanders.
The Pre-Trial Chamber rejected Israel’s challenge to the court’s jurisdiction and issued arrest warrants for Benjamin Netanyahu and Yove Galante, a statement said.
The Israeli military also issued an arrest warrant for Mohammad Deif, although it said he was killed in an airstrike in Gaza in July.
The judge said there were “reasonable grounds” that the three were “criminally responsible” for alleged war crimes and crimes against humanity during the war between Israel and Hamas. Both Israel and Hamas deny the accusations.
It will now be up to the ICC’s 124 member states, which do not include Israel or its ally the United States, to decide whether to execute the arrest warrant.
In May, ICC Prosecutor Karim Khan filed a lawsuit for Netanyahu, Galante, Deif and two other slain Hamas leaders, Ismail Haniyeh and Ye Haiya Sinwar sought an arrest warrant.
Although Israel considers Deif dead, the chamber said it had been informed by the ICC prosecutor that it could not determine whether he was killed or alive.
The charges brought against them by prosecutors stem from the events of October 7, 2023, when Hamas gunmen attacked southern Israel, killing about 1,200 people and taking another 251 people back to Gaza as hostages.
In response to the attack, Israel launched a military operation aimed at wiping out Hamas, during which at least 44,000 people were killed in Gaza, according to the Hamas-governed health ministry.
According to the ICC, the chamber had “reasonable grounds to believe” that Deif “is responsible for crimes against humanity such as murder; extermination; torture; rape and other forms of sexual violence; as well as murder, ill-treatment, torture, etc.” War crimes; hostage-taking; violations of personal dignity; and rape and other forms of sexual violence.”
It also said there were reasonable grounds to believe crimes against humanity were “part of a widespread and systematic attack by Hamas and other armed groups against Israeli civilians”.
For Defense Ministers Netanyahu and Galante, who were replaced earlier this month, the chamber had “reasonable grounds to believe” that they were “each responsible for the following crimes as accomplices in the commission of these acts with others.” There is criminal liability for: war crimes involving starvation as a method of warfare; and crimes against humanity such as murder, persecution and other inhumane acts.”
It also found reasonable grounds to believe that “each person is criminally responsible as a civilian superior for the war crime of intentional attacks on civilians.”
There was no immediate comment from Netanyahu, Galant or Hamas.
Israeli President Isaac Herzog said: “The outrageous decision of the International Criminal Court was motivated by malicious intent and has turned universal justice into a universal mockery.”
“This decision chooses terror and evil over democracy and freedom and turns the justice system into a human shield for Hamas’ crimes against humanity,” he added.
Mustafa Barghouti, a veteran Palestinian politician based in the occupied West Bank, welcomed the arrest warrants for Netanyahu and Galante.
“We also call on the International Court of Justice to speed up its ruling on Israel’s guilt of genocide,” he added, referring to a separate case currently under consideration by the United Nations’ top court.
