The International Criminal Court (ICC) issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant and the head of the Hamas military wing, Mohammed Deif.
“The Chamber issued arrest warrants for two people, Mr. Benjamin Netanyahu and Mr. Yoav Gallant, for crimes against humanity and war crimes committed from at least October 8, 2023 until May 20, 2024. more less, the day the prosecution filed the applications for arrest warrants,” the Hague-based ICC said in a statement.
The court also “unanimously issued an arrest warrant against Mr. Mohammed Diab Ibrahim Al-Masri, commonly known as ‘Deif’, for crimes against humanity and alleged war crimes committed on the territory of the State of Israel and State of Palestine since then. At least October 7, 2023.
The arrest warrants were classified “secret”, to protect witnesses and guarantee the conduct of investigations, the court said. But the ICC considers that “it is in the interest of the victims and their families to inform that the warrants exist.”
“Reasonable grounds”
The ICC said it had “reasonable grounds” to believe that Messrs. Netanyahu and Gallant were “criminally responsible” for the war crimes of hunger as a method of warfare, as well as the crimes against humanity of murder, persecution and other inhumane acts.
The court ruled that the two men “intentionally and knowingly supplied the civilian population of Gaza with things necessary for survival”, including food, water, medicine, fuel and electricity.
Regarding the war crime of hunger, the court said that “the lack of food, water, electricity and fuel, as well as specific medical supplies, created living conditions that resulted in the destruction of part of the civilian population of Gaza”.
This resulted in the deaths of civilians, including children, due to malnutrition and dehydration, the court wrote.
Applications filed in May
ICC prosecutor Karim Khan asked the court in May to issue arrest warrants against Netanyahu and Gallant (who was released by the Israeli prime minister in early November) for alleged war crimes and crimes against humanity in Gaza.
Karim Khan also called for arrest warrants for senior Hamas leaders, including Mohammed Deif, on suspicion of war crimes and crimes against humanity. According to Israel, Deif was killed in a July 13 strike in southern Gaza, although Hamas denies his death.
The prosecutor dropped the request for arrest warrants against Hamas political leader Ismail Haniyeh and Hamas leader in the Gaza Strip Yahya Sinouar, whose death has been confirmed.
Arrest warrants to be implemented, according to the EU
The head of European diplomacy Josep Borrell declared that the arrest warrants issued on Thursday by the ICC must be “implemented”.
A sticking point for the ICC
This decision is a turning point for the ICC which is now looking for powerful leaders, strengthening its credibility, reports Philippe Currat, a lawyer who specializes in international criminal law, in the Forum. “The International Criminal Court has often been criticized for protecting the big fish, the powerful, and for targeting only the smallest elements that may be within its reach. Today, we see this with the arrest warrants against Benjamin Netanyahu and Yoav Gallant, but also the one against Vladimir Putin, which does not hesitate to pursue powerful people as well.
“On the legal level, the Court has a mandate, that is to say to be able to obtain judgment from the biggest war criminals, that is to say the perpetrators of the most serious crimes, especially when they exercise the highest responsibilities”, notes Philippe Currat again.
Pierre-André Page, national councilor of the UDC, on the contrary, was questioned about the effectiveness of this decision: “The ICC has already issued an arrest warrant against Vladimir Putin and this was received with great fanfare in other countries. That is why I think this International Criminal Court is making a lot of noise out of a little.”
>> Their full interviews in Forum:
Arrest warrants against Netanyahu, Yoav Gallant and Mohammed Deïf: interview with Philippe Currat / Forum / 6 min. / yesterday at 7:00 p.m.
For Alain Werner, a lawyer specializing in international law, this decision is very important. ”There are 124 countries, most of them in any case, that will have to respect their obligations under the Rome Statute. This means that Mr. Netanyahu will not be able to go to London, Madrid, Berlin, Paris, Geneva no more. now, I think, the consequences will be in place.
>> Explanations at 7:30 pm from Alain Werner, a lawyer specializing in international law:
Benyamin Netanyahu under arrest warrant, explained by Alain Werner, a lawyer specializing in international law / 7:30 pm / 3 min. / yesterday at 7:30 pm
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What are the potential legal ramifications for Israeli leaders if the ICC proceeds with the arrest warrants?
Time.news Editor: Welcome to Time.news! Today, we’re diving deep into a significant and controversial development from the International Criminal Court (ICC). Recently, arrest warrants were issued for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif. Joining us is Philippe Currat, a distinguished lawyer specializing in international criminal law. Philippe, thank you for being here.
Philippe Currat: Thank you for having me. It’s a crucial topic that warrants discussion.
Editor: To start, what was the ICC’s rationale behind issuing these arrest warrants? What crimes are Netanyahu and Gallant specifically being accused of?
Currat: The ICC has indicated that there are ”reasonable grounds” to believe that both Netanyahu and Gallant are criminally responsible for committing war crimes and crimes against humanity. They are particularly accused of using hunger as a method of warfare, deliberately restricting essential supplies such as food, water, medicine, and electricity, which led to dire living conditions for the civilian population in Gaza.
Editor: That’s quite serious. The court states that these actions resulted in civilian casualties, including children. Could you elaborate on the implications of classifying these actions as “crimes against humanity”?
Currat: Absolutely. Classifying actions as crimes against humanity elevates the legal and moral gravity of these accusations. It signifies that the behaviors in question are not mere military strategies but violations of fundamental human rights and international law. It also emphasizes the court’s recognition of the suffering endured by civilians in these conflicts—highlighting the urgent need for accountability.
Editor: We know that these warrants are categorized as “secret” to protect witnesses and ensure the ongoing investigation. What challenges does this present for the ICC in pursuing these cases?
Currat: Maintaining the confidentiality of such warrants complicates the ICC’s operations. While it aims to protect witnesses, it also raises questions about transparency and the ability to enforce these warrants. The effective prosecution of high-profile leaders is often hindered by issues like jurisdiction and the lack of cooperation from states. Implementing these warrants—especially against leaders who may resist—requires international support and pressure.
Editor: Speaking of support, the European Union has called for these warrants to be “implemented.” How significant is this backing for the ICC’s credibility?
Currat: EU support is significant as it reinforces the ICC’s mandate and credibility. Historically, the ICC has been criticized for focusing on prosecuting lower-level perpetrators while powerful figures often evade justice. The recent warrants against Netanyahu and Gallant, alongside previous ones against leaders like Vladimir Putin, reflect a critical shift. This signals a stronger commitment to accountability at the highest levels of government.
Editor: We’ve heard contrasting views about the effectiveness of the ICC lately. Some critics, like Pierre-André Page, suggest that these efforts may not bring the expected impact. What’s your perspective on this?
Currat: Critics often stem from scepticism about the court’s ability to enforce its decisions. While it’s true that merely issuing a warrant doesn’t automatically lead to arrest, these actions serve a crucial symbolic purpose. They signal to the world that no one is above the law, especially when it comes to heinous crimes. The effectiveness of the ICC should not be assessed solely by immediate arrests, but also by its influence on international norms and the pursuit of justice overall.
Editor: Given the current geopolitical climate, what do you foresee as the potential outcomes of these warrants—both within Israel and internationally?
Currat: The issuance of these warrants could lead to heightened tensions within Israel and the region. It may provoke strong reactions from both the Israeli government and its supporters. Internationally, these warrants could potentially create pressure for accountability, leading to broader discussions about the responsibilities of state leaders during armed conflicts. Ultimately, it underscores the importance of holding powerful figures accountable, which can set a precedent for future actions by international bodies.
Editor: Thank you, Philippe, for your insightful analysis on this pressing issue. It’s clear that the implications of these arrest warrants extend far beyond the courtroom, influencing both legal frameworks and international relations.
Currat: Thank you for the opportunity to discuss these critical matters. It’s essential that we continue to examine and challenge the actions of those in power to ensure justice prevails.
Editor: Absolutely. We appreciate your time and expertise, and we look forward to following the developments on this important issue.