ICC issues historic arrest warrants for Israeli leaders and Hamas official

The International Criminal Court (ICC) has made a historic decision, issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and a senior Hamas leader. These warrants accuse them of committing war crimes during and after the October 7 attacks on Israel.

The court, based in The Hague, Netherlands, said there were “reasonable grounds” to believe that Netanyahu is responsible for several war crimes. These include using “starvation as a method of warfare” and committing crimes against humanity, such as murder, persecution, and inhumane acts. 

The warrants mark a first in history—Netanyahu is the first Israeli leader to be summoned by the ICC for alleged actions during the 76-year-long conflict with Palestinians.

Although the ICC's warrants do not automatically lead to arrests, they could limit Netanyahu’s ability to travel to countries that are members of the ICC. His office dismissed the charges as “absurd” and called them “antisemitic.” The statement said Israel rejects the ICC’s accusations, calling them politically biased.

Israel also emphasized that it has a right to defend itself, particularly after Hamas’s deadly attacks on October 7, which were described as the largest massacre of Jews since the Holocaust. Netanyahu vowed that Israel would not back down from its goals in the ongoing war.

Israel, along with the United States, does not recognize the ICC’s authority. The country has long challenged the court’s jurisdiction, particularly in territories it occupies, such as Gaza, East Jerusalem, and the West Bank. However, the ICC rejected Israel’s claims on Thursday, asserting its right to investigate actions in these areas, as the Palestinian leadership agreed to the court’s jurisdiction in 2015.

In addition to Netanyahu and Gallant, the ICC also issued an arrest warrant for a senior Hamas official, Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif. Israel had claimed to have killed Deif in an airstrike in September, but Hamas has not confirmed his death. The ICC charged Deif with crimes against humanity, including murder, torture, rape, and sexual violence, as well as war crimes such as taking hostages and cruel treatment.

The court said it believes Deif was responsible for these crimes and played a major role in directing attacks on Israeli civilians. The court also stated that he failed to properly control the forces under his command.

Hamas has responded by welcoming the warrants against Israeli officials but did not comment on the arrest warrant for Deif. The group called the ICC’s decision a “historic” moment and a step toward correcting the historical injustice Palestinians have faced. Hamas also urged nations to cooperate in bringing Israeli leaders to justice and to stop the “genocide” in Gaza.

On the other hand, the United States has been vocal in opposing the ICC’s involvement in this matter. President Joe Biden called the ICC’s request for arrest warrants against Israeli leaders “outrageous” and strongly stated there is no equivalence between Israel and Hamas. The U.S. Congress has also passed bills in support of Israel, including measures to sanction the ICC.

Israeli President Isaac Herzog described the ICC’s decision as a “dark day for justice” and “humanity.” He argued that Israel had a duty to defend its people after being attacked. He criticized the ICC for ignoring Israel’s right to protect its citizens under international law.

Israel’s new Foreign Minister, Gideon Sa’ar, also condemned the ICC’s actions, calling the court a political tool and accusing it of rewarding groups that violate international law. Far-right Minister Itamar Ben Gvir called the ICC antisemitic, suggesting that Israel should respond by strengthening its control over the West Bank and expanding Jewish settlements.

The arrest warrants have broader implications. Legal experts say the decision could prevent Israeli leaders from traveling to many countries that are members of the ICC. This would make it harder for them to participate in international events, as member states are obligated to arrest individuals facing ICC charges.

Eliav Lieblich, an international law professor at Tel Aviv University, said this development is “the most dramatic legal event in Israel’s history.” He noted that countries that are part of the ICC are legally bound to arrest Netanyahu and Gallant if they are found in those countries. Israel’s closest allies, many of which are ICC members, could be forced to carry out these arrests.

The ICC relies on member states to make arrests, as it does not have its own police force. In the past, individuals facing ICC arrest warrants have had limited travel options because countries that are legally obligated to arrest them would prevent their entry.

Historically, 56 arrest warrants have been issued by the ICC, leading to 21 arrests and court appearances. However, some individuals remain at large, while others had their charges dropped after their deaths.

The ICC’s decision to issue warrants against Israeli leaders marks a significant moment in the ongoing conflict, with both sides of the debate accusing each other of war crimes. As the international community reacts, it remains to be seen how these developments will affect the course of the conflict and Israel's position in the global arena.