ICC unseals arrest warrants for Netanyahu and Gallant, accusing them of war crimes

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

The arrest warrants have been classified as "secret" to protect witnesses and safeguard the integrity of the investigations, Caliber.Az reports citing the court's press release.

However, the Chamber decided to release the information, explaining that "behaviour similar to that described in the arrest warrant appears to be continuing." Additionally, it was considered "in the interests of the victims and their families to be aware of the existence of the warrants."

The Chamber found "reasonable grounds to believe that Mr Netanyahu, born on October 21, 1949, Prime Minister of Israel at the time of the relevant act, and Mr Gallant, born on November 8, 1958, Minister of Defence of Israel at the time of the alleged act, are criminally responsible for the following crimes as accomplices for acts committed in concert with others: the war crime of starvation as a method of warfare; and crimes against humanity of murder, persecution, and other inhumane acts."

Furthermore, the Chamber determined that there were reasonable grounds to believe that both Netanyahu and Gallant were criminally responsible as civilian superiors for the war crime of "deliberately directing an attack against a civilian population."

Israel's first challenge questioned the Court’s jurisdiction over the Situation in Palestine and Israeli nationals. The Chamber ruled that the Court could exercise jurisdiction based on Palestine’s territorial claims, as outlined in a previous decision, and noted that such challenges were premature prior to the issuance of arrest warrants. The second challenge sought to halt the prosecution’s ongoing investigation and arrest applications. The Chamber dismissed this request, affirming that the scope of the investigation had not changed and that no new notification to Israel was required.

The arrest warrants for Netanyahu and Gallant are linked to their alleged involvement in war crimes and crimes against humanity, specifically the use of starvation as a method of warfare, murder, persecution, and other inhumane acts. These charges stem from their role in restricting humanitarian aid to Gaza, leading to severe deprivation of essential goods such as food, water, and medical supplies. The Chamber found reasonable grounds to believe that their actions contributed to the deaths and suffering of civilians, including children.

This decision follows the ongoing investigation into the Situation in the State of Palestine, which has been under ICC scrutiny since 2015. The Court has previously ruled that its jurisdiction extends to Gaza, the West Bank, and East Jerusalem — areas claimed by Palestine.

Also, the ICC demanded the arrest of Mohammed Deif, commander of the military wing of the Palestinian Hamas movement. The Israeli army reported back in August that Deif had been eliminated in an Israeli strike on July 13 on the town of Khan Younis in the Gaza Strip. 

By Tamilla Hasanova