'A dark day for justice': ICC issues arrest warrants for Netanyahu and his former defense minister

The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant after the court rejected appeals filed by Israel.

The ICC also issued an arrest warrant for Hamas leader Mohamed Deif, who despite Israel's claim that he was killed during the war in the Gaza Strip following the October 7 massacre, his death has yet to be confirmed.

The prosecution initially filed requests for arrest warrants against Ismail Haniyeh, the head of Hamas' political bureau, and Yahya Sinwar, Hamas' leader in Gaza, but they were withdrawn after Israel killed both during the war.

The ICC's accusations

According to the ICC, Netanyahu and Gallant are responsible for using starvation as a method of combat, which is considered a war crime, and for carrying out assassinations and persecutions, among other "inhumane" acts, which are considered crimes against humanity.

In addition, the ICC held both leaders responsible for perpetrating intentional attacks against the civilian population, which is also a war crime.

Although the arrest warrants are classified as confidential to protect witnesses and investigations, some information was disclosed due to the significance of the matter.

According to the ICC, Netanyahu and Gallant restricted access to food, water, fuel, medicine and electricity to the Gaza Strip, which the court said led to deaths from malnutrition and dehydration, or failure to receive essential medical supplies.

Netanyahu's response

Netanyahu's office issued a statement calling the move "antisemitic." It added that "Israel vehemently rejects the absurd and false actions and accusations against it by the International Criminal Court, a biased and discriminatory political body."

The prime minister's office also said the decision was made by a corrupt chief prosecutor attempting to save himself from severe allegations of sexual harassment and by biased judges driven by antisemitic hatred towards Israel.

"No anti-Israel decision will prevent the State of Israel from defending its citizens," it added.

"A dark day for justice": Israel condemns the ICC decision

The arrest warrants generated strong criticism in Israel, not only from the government, but also from the opposition.

Foreign Minister Gideon Sa'ar stated that this is a "dark day for the International Criminal 'Court' (sic) in The Hague (ICC), a moment when it has lost all legitimacy for its existence and its activities. It has acted as a political tool in the service of the most extreme elements seeking to destabilize peace, security and stability in the Middle East. This body, which calls itself a 'court,' issued absurd orders (...) despite the fact that Israel is not a member of the court."

Sa'ar added that "these orders are not only personally directed against them (Netayahu and Gallant), but are in fact an attack against Israel's right to defend itself. This attack is directed against the most threatened and attacked country in the world, which is also the only state whose destruction is openly demanded and promoted by other countries in the region."

Israeli President Isaac Herzog said, "This is a dark day for justice. A dark day for humanity." He added, "The outrageous decision at the ICC has turned universal justice into a universal laughing stock. It makes a mockery of the sacrifice of all those who fight for justice - from the Allied victory over the Nazis till today."

Herzog remarked that the decision "ignores the plight of the 101 Israeli hostages held in brutal captivity by Hamas in Gaza. It ignores Hamas’ cynical use of its own people as human shields. It ignores the basic fact that Israel was barbarically attacked and has the duty and right to defend its people. It ignores the fact that Israel is a vibrant democracy, acting under international humanitarian law, and going to great lengths to provide for the humanitarian needs of the civilian population."

Opposition leader and former prime minister Yair Lapid argued that the ICC awarded a "prize for terrorism."

Former Prime Minister Naftali Bennett described the decision as an "embarrassment to the court."

Parliamentarian Avigdor Lieberman argued that the decision reflects "double standards and international hypocrisy."

What is the significance of the arrest warrants issued by the ICC?

Matan Gutman, a lawyer and legal affairs analyst for the Israeli media outlet Ynet, stressed that although Israel is not a signatory to the Statute of Rome, which established the ICC, if the court finds that a person committed a war crime in a member state, the court has jurisdiction over him.

After Palestinians joined the Rome Statute in 2014 to target Israeli citizens, the ICC ruled in 2021 that its prosecutor could investigate war crimes committed in the West Bank, governed by Palestinian President Mahmoud Abbas, controlled by Hamas and East Jerusalem, under Israeli sovereignty.

The ICC has no authority to execute arrests, nor does it have its own police force, which is why member states of the Rome Statute must cooperate to carry out arrests and extraditions of indictees.

The Rome Statute currently has 123 members, including most South American countries, almost all of Europe, Australia, Canada and half of the African nations. However, the United States, India and China are not included.

Matan Gutman explained that this implies that any trip by Netanyahu or Gallant to a member state could expose them to the risk of arrest and extradition. However, not all member countries cooperate with the court.

Regarding the consequences this move could have for Israel, Gutman said it could intensify protests against the Jewish state around the world and increase pressure on governments of allied Western countries to impose sanctions on Israelis. They could also strengthen accusations of war crimes in Gaza with a stamp of legitimacy from the ICC.