Israeli Prime Minister Benjamin Netanyahu (L) and Defence Minister Yoav Gallant attend a press conference in the Kirya military base in Tel Aviv on Oct. 28, 2023. (Credit: Abir Sultan/AFP)
The International Criminal Court (ICC) in The Hague announced on Thursday that it has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif (Mohammed Diab Ibrahim al-Masri).
The ICC's statement details the charges against Netanyahu and Gallant, alleging:
- War crimes: Starvation as a method of warfare.
- Crimes against humanity: Murder, persecution and other inhumane acts.
- Superior responsibility: Intentionally directing attacks against civilian populations.
The ICC clarified that Israel's acceptance of the court's jurisdiction is not required for these warrants.
Arrest process and international response
The ICC relies on its 124 member states to enforce arrest warrants. If Netanyahu, Gallant, or Deif enter any ICC member country, those nations are obligated to detain and transfer them to The Hague.
Neither Israel nor the U.S. are ICC members. However, the Netherlands, where the ICC is based, has expressed its readiness to act on the warrants if necessary, according to Dutch Foreign Minister Caspar Veldkamp, in statements relayed by Dutch news agency ANP.
Israeli reactions
Netanyahu's office released a statement in response to the ICC arrest warrants, saying "the anti-Semitic decision of the International Criminal Court is akin to a modern-day Dreyfus trial – and it will end in the same way," Haaretz reported. The Dreyfus trial involved French soldiers of Jewish descent being wrongfully convicted of treason, under the accusation of spying for the Germans.
"Israel utterly rejects the absurd and false actions and accusations against it by the International Criminal Court, which is a biased and discriminatory political body," the statement read. "There is no war more justified than the one Israel has been conducting in Gaza since Oct. 7, 2023."
"The decision was made by a corrupt chief prosecutor attempting to save himself from serious allegations of sexual harassment, and by biased judges driven by antisemitic hatred toward Israel," he claimed.
“It is a dark day for [the ICC], which has lost all legitimacy to exist and act,” wrote Israeli Foreign Minister Gideon Saar on X. The Hague Tribunal, he added, “has behaved like a political toy serving the most extreme elements working to undermine security and stability in the Middle East.” Saar criticized the court for issuing “absurd orders without the authority to do so.”
Israeli National Security Minister Itamar Ben-Gvir condemned the ICC's actions as “an unprecedented disgrace” and called the court “anti-Semitic from beginning to end.” He proposed annexing the West Bank as a response to the arrest warrants.
“The response to the arrest warrants: applying sovereignty over all areas of Judea and Samaria [the West Bank], Jewish settlement throughout the entire land,” Ben-Gvir said.
His statements come amid increased violence by Israeli settlers against Palestinians and ongoing Israeli settlement expansions in the occupied West Bank, a territory under Israeli control since 1967.
International reactions
Meanwhile, France’s Foreign Ministry, led by Jean-Noël Barrot, stated that the country’s response to the ICC arrest warrants against Netanyahu would be “in line with the principles of the ICC,” according to Reuters.
“The ICC has no credibility, and these allegations have been refuted by the U.S. government,” said Michael Waltz, the incoming U.S. national security adviser, as reported by Haaretz. “Israel has lawfully defended its people and borders against genocidal terrorists,” he added. Referring to Donald Trump’s upcoming administration, which begins in January, Waltz stated, “You can expect a strong response to the ICC and U.N.’s anti-Semitic bias in January.”
Background on the ICC Arrest Warrants
The ICC prosecutor, Karim Khan, initially requested arrest warrants in May for Netanyahu and Gallant (fired by the Israeli prime minister in early November) for alleged war crimes and crimes against humanity in Gaza. Khan also sought warrants for senior Hamas leaders, including Deif, accused of similar offenses. Israel claims to have killed Deif in a July 13 airstrike in southern Gaza, although Hamas denies his death.
The ICC prosecutor has since dropped arrest warrant requests for Hamas political leader Ismail Haniyeh and the group’s Gaza chief, Yahya Sinwar, whose deaths have been confirmed.
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