THE HAGUE: The International Criminal Court issued arrest warrants on Thursday for Israeli PM Benjamin Netanyahu and his former defence chief Yoav Gallant, as well as Hamas military chief Mohammed Deif for alleged war crimes and crimes against humanity in the Gaza conflict.
In their decision, the judges said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza". The action came as the death toll from Israel's campaign in Gaza passed 44,000 people, according to local health authorities.
The decision was met with outrage in Israel, while Hamas welcomed the warrants.
The warrant for Deif, also known as Ibrahim Al-Masri, lists charges of mass killings during the Oct 7, 2023, attacks on Israel, and also charges of rape and the taking of hostages. Israel has said it killed Deif in an airstrike in July but Hamas has neither confirmed nor denied this. The prosecution said it would gather information on his reported death.
Israel has rejected the jurisdiction of the Hague-based court and denies war crimes in Gaza. Israel is not a member of the court, so Netanyahu and Gallant, whom the PM recently fired, will not face any risk of arrest at home. But the warrants mean they could be arrested if they travel to one of the court's 124 member nations. That includes most European countries, though not the US. Member countries are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce that.
None of the suspects is likely to face judges in The Hague anytime soon. Still, the warrant marks the first time a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity by a global court of justice. The warrants could contribute to Netanyahu's isolation and complicate efforts to negotiate a ceasefire to end the fighting.
Netanyahu's office said the ICC decision was "anti-semitic" and he will "not yield to pressure, will not be deterred" until Israel's war objectives are met. Gallant said the decision "sets a dangerous precedent against the right to self-defence and moral warfare and encourages murderous terrorism."
Hamas welcomed the warrants against Netanyahu and Gallant but made no mention of the one against Deif. It urged the court to expand accountability to all Israeli leaders. A senior Hamas official said it was an important step towards bringing justice for the victims.
EU's foreign policy chief, Josep Borrell, said the decision was not political but made by a court and thus should be respected and implemented.
The White House national security council spokesperson said the US "fundamentally rejects the court's decision", adding it remains "deeply concerned by the prosecutor's rush to seek arrest warrants and the troubling process errors that led to this decision."