ICC issues arrest warrants for Netanyahu, Gallant, Hamas leader Deif

The Hague, Nov 22 The International Criminal Court (ICC) in the Hague has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif.

In a statement, the ICC's pre-trial chamber accused Netanyahu and Gallant of committing "crimes against humanity and war crimes" between at least October 8, 2023, and May 20, 2024, the date when the prosecution submitted the arrest warrant applications, Xinhua news agency reported.

The ICC said that there are "reasonable grounds" to believe that Netanyahu and Gallant "each bear criminal responsibility as co-perpetrators" for committing war crimes of starvation as a method of warfare, and crimes against humanity of murder, persecution, and other inhumane acts.

The court's statement outlined a series of alleged war crimes, including "intentionally directing an attack against the civilian population," and depriving 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".

The ICC also issued an arrest warrant for Mohammed Deif, the commander of Hamas' military wing, accusing him of committing war crimes and crimes against humanity in the territories of Israel and Palestine from at least October 7, 2023.

Although Deif has reportedly been killed by Israeli forces, the ICC noted that it cannot conclusively confirm his death.

Prosecutor Karim Khan informed the court that available information from Israeli and Palestinian sources about his death remains inconclusive, leaving the arrest warrant active.

In May, Khan initially requested arrest warrants for five individuals: Netanyahu, Gallant, Deif, and senior Hamas leaders Ismail Haniyeh and Yahya Sinwar. However, after confirmed reports of Haniyeh and Sinwar's deaths, the court withdrew those applications.

Israel has said it killed Mohammed Deif, in an airstrike in July but Hamas has neither confirmed nor denied this. The prosecution indicated it would continue to gather information concerning his reported death.

Israel has rejected the jurisdiction of the Hague-based court and denies war crimes in Gaza.

The US, Israel's main diplomatic supporter, is also not a member of the ICC. It said it "fundamentally rejects" the move.

"We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision," a White House National Security Council spokesperson said, adding that the US is discussing next steps with its partners.

Global powers Russia, China, and India have also not signed onto the ICC, the world's permanent war crimes court, which is backed by all of the European Union, Australia, Canada, Britain, Brazil, Japan, and dozens of African and Latin American countries.

ICC prosecutor Khan had announced on May 20 that he was seeking arrest warrants for alleged crimes connected to the Hamas-led attacks on Israel and the Israeli military response in Gaza. Israeli and Hamas leaders have dismissed allegations that they committed war crimes.

The court does not have its own police force to carry out arrests and relies on its 124 member states for that, with only limited diplomatic means to force them if they do not want to.

Khan called on signatories of the court's founding treaty "to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders".

In a statement, he said, "We count on their cooperation in this situation, as with all other situations... We also welcome collaboration with non-state parties in working towards accountability and upholding international law."

Netanyahu's office said the ICC decision was "anti-Semitic" and he would "not yield to pressure, will not be deterred" until Israel's war objectives are met.

The ICC has "lost all legitimacy" after issuing the arrest warrants for Netanyahu and Gallant, Israel's Foreign Minister Gideon Saar said.

"A dark moment for the International Criminal Court," Saar said on X, adding that it had issued "absurd orders without authority".

There was no immediate comment from Gallant.

In a statement, Hamas welcomed the warrants against Gallant and Netanyahu and urged the court to expand accountability to all Israeli leaders.

The 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 tragedy in Gaza has to stop," he added.

Jordan's Foreign Minister Ayman Safadi also said the ICC's decision must be implemented, adding that Palestinians deserved justice after what he termed Israel's "war crimes" in Gaza.

The Netherlands' Foreign Minister Caspar Veldkamp said his country acts on arrest warrants for people on its territory and will not engage in "non-essential" contacts.

Republican Senator Lindsey Graham, a close ally of President-elect Donald Trump, said: "The court is a dangerous joke. It is now time for the US Senate to act and sanction this irresponsible body."

Israel's 13-month campaign in Gaza has killed about 44,000 Palestinians and displaced nearly all the enclave's population while creating a humanitarian crisis, Gaza officials said.

It launched the campaign in response to the October 2023, Hamas-led attack which killed 1,200 people in southern Israel, with more than 250 others taken hostage, Israel has said.