Wanted for murder: Net tightens around Netanyahu as growing number of countries agree to enforce ICC warrant
ICC issues warrant for prime minister and war-time general as war drags on
In an effort to salvage the last vestiges of humanitarian law, the International Criminal Court (ICC) on Thursday indicted Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on charges of war crimes and crimes against humanity.
The court accuses them of using starvation as a weapon of war and targeting civilians in Gaza between October 2023 and May 2024. Specifically, the charges include deliberately blocking essential supplies of food, water, medicine, and fuel from reaching Gaza's civilian population.
The ICC issued warrants for their arrest, sending a cheer echoing around the world, after the judges found "reasonable grounds to believe" that both Netanyahu and Gallant:
- Intentionally deprived Gaza civilians of basic survival necessities
- Created conditions that led to civilian deaths from malnutrition and dehydration
- Forced doctors to perform surgeries, including on children, without anesthesia
- Failed to prevent attacks targeting civilians
The ICC rejected Israel's challenge to its jurisdiction, as Palestine's membership in the court gives it authority to investigate crimes in Gaza and the West Bank, including East Jerusalem. Israel's acceptance of the court's jurisdiction was deemed unnecessary since the alleged crimes occurred on Palestinian territory.
The court noted that decisions to allow humanitarian aid into Gaza were often made only after international pressure, particularly from the United States, rather than to meet obligations under international law. Even when aid was permitted, the amounts were insufficient to meet the population's basic needs.
Particularly damning was the court's finding that no clear military necessity justified the severe restrictions on humanitarian relief. The judges cited the "prolonged period of deprivation" and Netanyahu's own statements linking the blocking of essential goods to war objectives.
While the warrants are technically classified as "secret" to protect potential witnesses the ICC took the unusual step of publicly announcing them, citing ongoing similar conduct and the public interest, particularly for victims and their families.
The State of Palestine in 2015 accepted ICC jurisdiction and subsequent investigation that began in March 2021. The case gained additional momentum through referrals from many countries, including South Africa, Bangladesh, Bolivia, Chile, and Mexico.
The ICC's decision represents one of the most significant legal challenges to the Israeli leadership over its conduct in Gaza. However, the practical impact remains uncertain, as Israel is not a member of the ICC and is unlikely to surrender its leaders.
I appeal to all States Parties to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders. We count on their cooperation in this situation, as with all other situations under the Court’s jurisdiction, ICC Prosecutor Karim Khan, who filed the case in May, wrote after the ruling was issued.
The Pentagon and White House spokespeople were out of the starting blocks quickly to “completely reject” the court’s decision and jurisdiction in the matter. The UK prime minister’s office, another keen backer of and active participant in Israel’s offensive on Gaza has not yet responded on whether they will enforce the ICC warrant.
Underlining the increasing isolation of the government of Netanyahu, he could nevertheless face arrest if he travels to any of the ICC's 123 member states, as these warrants place significant diplomatic pressure on Israel and its allies.
Several countries in Europe and elsewhere have indicated they would comply with the ruling, signaling the increased isolation of the Israeli leaders.
The judges of the International Criminal Court have found that there are reasonable grounds to believe that each has committed the war crime of using starvation as a method of warfare and crimes against humanity of murder, persecution, and other inhumane acts, as a direct perpetrator, acting jointly with others. The Chamber also found reasonable grounds to believe that they are each responsible for the war crime of intentionally directing attacks against civilians as a superior. ICC Prosecutor Khan said.
The ICC decision sets a crucial precedent in international law, regarding the use of starvation and humanitarian blockades during military conflicts underlining the responsibility of top officials for actions taken under their command during wartime.
Ever-defiant of global opinion and the law, Netanyahu basicaly subsequently dismissed the court as a hotbed of antisemitism, while the Israeli army proceeded to commit several massacres overnight and early on Friday, wiping out whole families in Gaza and Lebanon in what effectively amounts to a relentless campaign of terror.