The ICC also issues warrants for former Israeli Defense Minister; 124 signatory countries must comply with arrest orders
On Thursday (21), the International Criminal Court (ICC) issued an international arrest warrant for Israeli Prime Minister Benjamin Netanyahu for war crimes. The ICC also issued warrants for Mohammed Deif, leader of Hamas, whom Israel claims to have already killed, and for former Israeli Defense Minister Yoav Gallant, dismissed by Netanyahu two weeks ago.
The ICC stated that there is sufficient evidence to charge all three individuals with war crimes, including deliberate attacks on civilians. The crimes also involve “starvation as a method of warfare” by Israel and “extermination of people” by Hamas.
The warrants were issued for all 124 signatory countries of the ICC, obligating these governments to comply with the order and arrest the accused if they enter national territories. However, Argentina has stated it will not comply. The United States and Russia are not signatories of the ICC.
Case Overview: War Crimes and Crimes Against Humanity
The ICC alleged that Netanyahu, Gallant, and Deif were responsible for crimes such as deliberate attacks on civilians and the use of starvation as a method of warfare. The charges also include crimes against humanity, such as murder and torture.
- From Israel’s side: Starvation as a method of warfare, murder of civilians, and deliberate attacks on civilians.
- From Hamas’s side: Extermination of people, murder of civilians, torture, and sexual violence.
The ICC also cited that Deif, the military leader of Hamas, is responsible for war crimes and crimes against humanity, including murder and torture.
Reactions to the Decision
The ICC’s decision has sparked polarized reactions. The Israeli government rejected the arrest warrant, calling it “anti-Semitic” and accusing the ICC of spreading “absurd lies.” Opposition leader Yair Lapid criticized the warrant, while Hamas also condemned the arrest order, claiming it “equates the victim with the executioner.”
As a signatory of the ICC, the Netherlands stated that it will comply with the arrest order if Netanyahu enters its territory. Meanwhile, the United States, which is not a signatory, categorically rejected the ruling.
Limitations and Challenges of the ICC
While the ICC has the authority to issue arrest warrants, it relies on the cooperation of signatory countries to enforce its orders. Without a police force of its own, the court depends on the commitment of member states to arrest accused individuals who enter their territories.
The case also raises questions about the ICC’s jurisdiction, particularly because countries such as the United States, Russia, and China are not members or have not ratified the treaty that established the court.
Implications for International Justice
The case involving Netanyahu and other leaders, both from Israel and Hamas, highlights the complexity and tensions involved in the application of international law in armed conflicts. The ICC continues to be a crucial institution for international justice, but its ability to implement its decisions depends on global cooperation in a highly politicized environment.
