The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, accusing them of committing war crimes and crimes against humanity during Israel’s military operations in Gaza. The warrants, announced on Thursday, follow months of investigation into the ongoing conflict.
The charges center around accusations that Netanyahu and Gallant used “starvation as a method of warfare” by deliberately blocking essential humanitarian aid from reaching Gaza, and intentionally targeting civilians in their military campaign against Hamas. Both Israeli leaders have strongly denied the allegations. Netanyahu’s office dismissed the charges as “absurd and false,” asserting that Israel’s military actions are justified. Gallant condemned the ruling as a dangerous precedent against the right to self-defense.
What Are the Charges?
The ICC’s ruling outlines several serious accusations against both Netanyahu and Gallant, suggesting they bear criminal responsibility for:
- War Crime of Starvation: The leaders are accused of intentionally depriving Gaza’s civilian population of basic necessities, such as food, water, medicine, fuel, and electricity, beginning on October 8, 2023. These actions allegedly led to widespread malnutrition, dehydration, and death.
- Crimes Against Humanity:
- Murder: The deprivation of vital resources is said to have directly caused deaths, particularly among children, due to malnutrition and dehydration.
- Persecution: The blockade of humanitarian aid is considered a politically motivated attack on Gaza’s civilian population, contributing to systematic suffering.
- Other Inhumane Acts: The lack of medical supplies, such as anaesthetics, reportedly forced doctors to perform surgeries without proper pain relief, causing unnecessary suffering.
- Intentionally Targeting Civilians: Netanyahu and Gallant are accused of directing military operations against civilians in Gaza, violating international humanitarian law, with no clear military necessity for such attacks.
The ICC’s findings, based on evidence gathered until May 2024, suggest that these actions were not only ineffective but sometimes politically motivated, exacerbating the humanitarian crisis.
56 Warrants Issued, Only 21 Executed
Since its establishment in 2002, the ICC has issued 56 arrest warrants in cases of war crimes, genocide, and crimes against humanity. However, only 21 of these have resulted in arrests. The court relies on state cooperation to carry out arrests, and some countries, including Russia, the US, and China, have refused to recognize the ICC’s jurisdiction.
Where Could Netanyahu Be Arrested?
As a signatory to the Rome Statute, any country that is a member of the ICC is legally obligated to enforce arrest warrants for individuals on the list. However, the ICC lacks its own police force, so it depends on the cooperation of member states to arrest suspects.
While Netanyahu may not be immediately apprehended, his international travel could become complicated. Countries that are ICC members could face legal pressure to detain him if he enters their territory. Currently, 124 countries are parties to the Rome Statute, covering regions across Europe, Africa, Latin America, and the Asia-Pacific. If Netanyahu travels to any of these countries, the local authorities may be required to arrest him in accordance with the ICC’s warrant.
This development could influence Netanyahu’s travel choices, as some nations may be reluctant to host him due to the potential legal implications.
