The International Criminal Court (ICC) has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, accusing him of crimes against humanity and war crimes related to the ongoing conflict in Gaza.
Arrest warrants were also issued for Israel’s former Defense Minister Yoav Gallant and Hamas leader Mohammed Deif. Israel previously stated in August that Deif had been killed in an airstrike in Gaza earlier this year.
The ICC reported that it has “reasonable grounds” to believe that Netanyahu and Gallant bear responsibility for using starvation as a method of warfare, classified as a war crime. The court also alleged that they “intentionally and knowingly deprived” civilians in Gaza of essential supplies, including food, water, medicine, medical supplies, fuel, and electricity.
This development marks a significant escalation in the legal actions connected to the war in Gaza. It obligates the ICC’s 124 member states to detain Netanyahu and Gallant if they enter their jurisdictions. Israeli leaders, including Netanyahu, have criticized ICC Chief Prosecutor Karim Khan’s request for warrants, describing it as disgraceful and antisemitic. U.S. President Joe Biden has also condemned the prosecutor’s actions, reaffirming support for Israel’s right to defend itself against Hamas.
The ICC clarified that Israel’s acceptance of its jurisdiction is not a prerequisite for these proceedings.
The International Criminal Court (ICC) operates as a court of last resort, intervening only when domestic law enforcement authorities are unwilling or unable to investigate alleged crimes. Israel is not a member of the ICC, and human rights organizations have pointed out its historical challenges in conducting self-investigations.
Although arrest warrants have been issued, it is unlikely that the suspects will appear before judges in The Hague in the near future. The ICC does not have its own police force to enforce these warrants and instead depends on the cooperation of its member states.
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