IRIA News

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The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and a senior Hamas leader Ibrahim Al-Masri. The warrants have been issued on the grounds of war crimes and crimes against humanity during the ongoing Gaza conflict

The ICC’s verdict said that Netanyahu and Gallant bear responsibility for criminal acts including murder, persecution, and the use of starvation as a weapon of war. In their ruling, ICC judges stated that these actions formed part of a “widespread and systematic attack against the civilian population of Gaza.”

The accusations stem from Israel’s brutal military operations in Gaza, launched in retaliation for the October 7, attacks by Hamas. Israel’s military response to the attacks has resulted in the deaths of approximately 44,000 Palestinians, and displaced nearly all the enclave’s population, creating what international observers have described as a severe humanitarian crisis. Despite the accusations, Israel has vehemently denied committing war crimes and rejected the ICC’s jurisdiction.

Netanyahu’s office dismissed the decision as “anti-Semitic,” declaring that the Prime Minister “will not yield to pressure” and remains committed to achieving Israel’s military objectives. Israeli Foreign Minister Gideon Saar called the ICC’s decision “a dark moment” and accused the court of issuing “absurd orders without authority.”

Hamas leader Ibrahim Al-Masri, also known as Mohammed Deif, faces charges of mass killings, rape, and the taking of hostages during the October 2023 attack. Israel claimed to have killed Al-Masri in a July airstrike, although Hamas has neither confirmed nor denied his death. ICC prosecutors indicated they would continue to investigate his status and gather evidence.

Hamas welcomed the arrest warrants against Israeli leaders, calling them a significant step toward accountability. Senior Hamas official Basem Naim remarked, “It remains a limited and spiritual step if it was not backed practically by all countries to get this decision implemented in compliance with law and justice.”

The ICC relies on its 124 member states to enforce arrest warrants, as it lacks its police force. While member states are obligated to cooperate, the court has limited diplomatic tools to compel compliance. Israel, which is not a member of the ICC, has rejected its authority, as has the United States, Israel’s key ally.

Prosecutor Karim Khan initially announced plans to seek arrest warrants in May, following extensive investigations into alleged crimes committed by both sides during the conflict. However, both Israeli and Hamas leaders have rejected the allegations, maintaining that their actions were lawful.

International reactions

The ICC’s decision has drawn a mixed global response. The European Union’s foreign policy chief, Josep Borrell, urged respect for the court’s ruling, stating, “The tragedy in Gaza has to stop.” Jordanian Foreign Minister Ayman Safadi echoed the sentiment, calling for justice for Palestinians.

I take note of the decision of the @IntlCrimCourt to issue arrest warrants for Israel PM Netanyahu, former Minister Gallant, and Hamas leader Deif.

These decisions are binding on all States party to the Rome Statute, which includes all EU Member States.

— Josep Borrell Fontelles (@JosepBorrellF) November 21, 2024

On the other hand, U.S. officials have condemned the ICC for issuing arrest warrants for Israeli leaders. Republican Senator Lindsey Graham dismissed the court as a “dangerous joke,” while Congressman Mike Waltz, President-elect Donald Trump’s incoming national security adviser, labeled the court “irresponsible” and pledged a robust response to what he termed its “antisemitic bias.” Waltz added, “Israel has lawfully defended its people & borders from genocidal terrorists.”

Although the U.S. is not an official member of the ICC, it holds a strong influence and good relations with several of its member states. Notably, U.S. leaders and officials praised the ICC when it released arrest warrants for Russian President Vladimir Putin for his alleged war crimes in Ukraine.

Dutch Foreign Minister Caspar Veldkamp indicated the Netherlands would comply with the ICC’s warrants, while international human rights organizations urged swift enforcement. UN experts have previously accused Israel of genocide and documented abuses including forced displacement and targeting of civilians.

As the ICC’s investigation deepens, the geopolitical fallout from its decision continues to unfold. With no immediate enforcement mechanism, the warrants represent a symbolic victory for advocates of international justice but face significant obstacles in practical implementation.

The Gaza conflict remains a flashpoint for global contention, underscoring the urgent need for accountability and resolution. Whether the ICC’s ruling leads to tangible action or remains a contentious chapter in international law will depend largely on the willingness of member states to confront these challenges head-on.