The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and senior Hamas official Mohammed Deif, accusing them of war crimes and crimes against humanity concerning the October 7 attacks and their aftermath.
The ICC alleges that Netanyahu bears criminal responsibility for war crimes, including “starvation as a method of warfare” and “crimes against humanity” such as murder, persecution, and other inhumane acts. These charges stem from the Israeli government’s military operations in Gaza, which have drawn global condemnation for their humanitarian impact.
Gallant, who served as defense minister during key periods of the conflict, faces similar accusations for actions under his command.
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The court’s statement emphasized that these alleged crimes took place in territories under Israeli occupation—Gaza, East Jerusalem, and the West Bank—over which the ICC claims jurisdiction. This assertion is based on Palestine’s formal acceptance of the court’s authority in 2015. Israel, however, has rejected the ICC’s jurisdiction, arguing that it is not a member state and labeling the court’s actions as biased.
The ICC also issued a warrant for Mohammed Deif, a senior Hamas official and alleged mastermind of the October 7 attacks. The court accuses Deif of overseeing widespread atrocities, including murder, torture, sexual violence, and hostage-taking. These acts, the ICC claims, were part of a systematic attack against Israeli civilians.
Israel previously announced Deif’s death in a September airstrike, but Hamas has neither confirmed nor denied this. The ICC’s move to target Deif underscores its broader aim of addressing crimes committed by both state and non-state actors in the conflict.
Political Reactions
Israel’s leadership has vehemently rejected the ICC’s actions. Netanyahu’s office dismissed the warrants as “absurd and anti-Semitic,” asserting that Israel’s military operations were a just response to Hamas’s October 7 assault, which the statement described as “the largest massacre against the Jewish people since the Holocaust.”
“[Netanyahu] will not yield to pressure, will not back down, and will not retreat until all the goals of the war set by Israel at the start of the campaign are achieved,” the statement said.
President Isaac Herzog and other officials echoed these sentiments, accusing the ICC of undermining justice and siding with Israel’s adversaries.
He said in a statement on X that “the outrageous decision at the ICC has turned universal justice into a universal laughing stock. It makes a mockery of the sacrifice of all those who fight for justice.”
Far-right figures, such as National Security Minister Itamar Ben Gvir, called for increased settlement expansion and annexation of occupied territories in response.
Hamas’s Reaction
Hamas welcomed the warrants against Israeli officials, calling them a historic step toward justice for Palestinians.
“This… represents a significant historical precedent. It rectifies a longstanding course of historical injustice against our people and the suspicious negligence of the horrific violations they have endured over 76 years of fascist occupation,” it said, calling for all nations to cooperate in bringing the Israeli leaders to justice and “take immediate action to halt the genocide” in Gaza.
However, it remained silent on the charges against Deif, reflecting the group’s focus on framing itself as the victim of Israeli aggression. Earlier in May, the group had condemned the ICC prosecutor’s decision to seek warrants against its leaders, describing it as an attempt to “equate victims with aggressors.”
U.S. Opposes Move
The United States has consistently opposed ICC investigations into Israel, citing concerns over jurisdiction and fairness. President Joe Biden described the ICC’s actions as “outrageous,” reiterating the U.S. stance that there is no moral equivalence between Israel and Hamas.
“And let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas,” he said in a statement in May. “We will always stand with Israel against threats to its security.”
Congressional leaders, including incoming Senate Majority Leader John Thune, have threatened sanctions against the ICC if it proceeds with the warrants.
“If Majority Leader Schumer does not act, the Senate Republican majority will stand with our key ally Israel and make this – and other supportive legislation – a top priority in the next Congress,” he wrote in a post on X.
South Africa’s role in bringing the case to the ICC has also drawn attention. Analysts speculate that Pretoria could face diplomatic backlash from allies like the U.S., which has historically sought to shield Israel from international legal scrutiny.
Implications for Netanyahu and Israel
The warrants have immediate and long-term consequences. Netanyahu and Gallant now face potential arrest if they travel to any of the 124 ICC member states legally obligated to enforce the court’s decisions. This could significantly restrict their diplomatic engagements and Israel’s international standing.
Legal experts suggest that the ICC’s actions could also impact Israel’s military partnerships, as third-party states might reconsider cooperation with an army implicated in alleged war crimes.
The ICC’s actions mark a rare instance of international legal scrutiny in the Israeli-Palestinian conflict, which has seen decades of violence and diplomatic stalemates. The court’s decision to pursue cases against both Israeli leaders and Hamas officials reflects an attempt to address the conflict comprehensively. However, critics argue that the ICC’s lack of enforcement mechanisms undermines its effectiveness.
Previous ICC arrest warrants, such as those issued against Sudanese President Omar al-Bashir and Russian President Vladimir Putin, have highlighted the challenges of implementing international justice. Many leaders avoid ICC member states to evade arrest, reducing the practical impact of such warrants.
While the ICC’s warrants are unlikely to lead to immediate arrests, they represent a significant symbolic victory for advocates of accountability in the Israeli-Palestinian conflict. The move could also galvanize international debates on the role of global institutions in addressing protracted crises.
For now, political analysts believe the warrants deepen existing divides, with Israel doubling down on its policies and Hamas using the ICC’s actions as a propaganda tool. As geopolitical players weigh their responses, the ICC’s actions may reshape the legal and political landscape of one of the world’s most enduring conflicts.