ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander

Judges on the ICC said there were reasonable grounds that the three men bore “criminal responsibility” for the alleged crimes committed “from at least 8 October 2023 until at least 20 May 2024” – the day the Prosecution filed the applications for warrants of arrest – the Court said in a press release.

“With regard to the crimes, the [Court’s Pre-Trial Chamber I] found reasonable grounds to believe that Mr. Netanyahu…and Mr. Gallant…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,” said the ICC.  

The arrest warrants followed the ICC’s rejection of Israel’s challenges to the Court’s jurisdiction.

Warrant against Hamas commander

The warrant for Hamas military commander Mohammed Deif also alleges crimes against humanity and war crimes, although Israel has said that he was killed in an air strike in Gaza in July.  

“The Chamber found reasonable grounds to believe that Mr. Deif … is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence.”

Investigations continue

The ICC said it was continuing to gather information regarding the reported death of Mr. Deif. As of 15 November, his status is unknown.  

“The Prosecution also noted that it continues to investigate the crimes in the ongoing conflict and envisions that further applications for warrants of arrest will be submitted,” the release added.

The Prosecution had initially filed applications for warrants of arrest for two other senior Hamas leaders, Ismail Haniyeh and Yahya Sinwar. However, these were withdrawn following confirmations of their deaths.

‘In the interest of victims and their families’

The three arrest warrants are classified as “secret” to protect witnesses and to safeguard the conduct of investigations.

However, the Chamber decided to release the information due to the continuation of the war and likely violations of international law that are continuing in the Occupied Palestinian Territory, in particular the fact hostages continue to be held in Gaza.

“The Chamber considers it is also in the interest of victims and their families to be aware of the warrant’s existence,” the Court said.

About the ICC

The International Criminal Court (ICC) is not part of the United Nations but they have a cooperative and complementary relationship.

The ICC is an independent judicial body established by the Rome Statute, which was adopted in 1998 and came into force in 2002.

It was established to address serious international crimes and ensure accountability when national justice systems are unable or unwilling to act.