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ICC calls for arrest of Netanyahu, Gallant and Deif of Hamas – DW – 21.11.2024

ICC calls for arrest of Netanyahu, Gallant and Deif of Hamas – DW – 21.11.2024

Judges at the International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant and Hamas military leader Mohammed Deif for alleged war crimes and crimes against humanity.

The crimes in question were committed as part of Israel’s ongoing offensive in the Gaza Strip and the October 7, 2023 Hamas attacks on Israel.

The International Criminal Court (ICC) building in The Hague
The International Criminal Court is based in The Hague in the NetherlandsImage: Alex Gottschalk/DeFodi Images/picture alliance

What do we know about warrants?

The ICC’s chief prosecutor, Karim Khan, announced on May 20 that he was seeking arrest warrants against Netanyahu, Gallant and three Hamas leaders.

In its statement on Thursday, the court said Netanyahu and Gallant were charged with “the war crime of starvation as a method of war and the crimes against humanity of murder, persecution and other inhumane acts.”

He said he had reasonable grounds to believe that Netanyahu and Gallant bear “criminal responsibility” for the deliberate attacks on civilians during Israel’s offensive in Gaza.

The ICC said Israel’s decisions to allow or increase humanitarian assistance to the Gaza Strip “were often conditional” and “were not taken to fulfill Israel’s obligations under international humanitarian law.”

Netanyahu dismissed Gallant as defense minister on November 5.

The court said Israel’s acceptance of the court’s jurisdiction was not necessary for the warrants.

Israel is not a signatory to the Rome Statute, which is the founding treaty of the ICC.

The State of Palestine released a statement accepting the jurisdiction of the ICC in 2015. Palestinian statehood is recognized by at least 139 countries.

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ICC issues warrant against Hamas leader

The court also found it had “reasonable grounds” to believe Mohammed Deif was responsible for the crimes, including murder, extermination, torture, rape, sexual violence and hostage-taking.

Deif was the top commander of Hamas’ Qassam Brigades during the militant group’s October 7, 2023 terrorist attacks on Israel, in which 1,200 people were killed and 251 hostages were taken in Gaza. Israel said it killed Deif in a July 13 air strike on southern Gaza, a claim Hamas denied.

Khan also requested arrest warrants for Hamas leaders Ismail Haniyeh and Yahya Sinwar, but the request was withdrawn after their deaths were confirmed.

Haniyeh, who headed Hamas’ political office in Qatar, was killed in the Iranian capital, Tehran, in late July. Sinwar was killed in Israel’s offensive in Gaza in October.

Hamas leader Mohammed Deif file photo
Hamas has denied that Israel killed Mohammed Diab Ibrahim Al-Masri, better known as Mohammed DeifImage: -/dpa/picture-alliance

Netanyahu condemns arrest warrant

In response to the ICC’s announcement, the Israeli prime minister condemned the warrant against him.

He said Israel “rejects with disgust the absurd and false actions” of the court.

“There is nothing more just than the war that Israel has waged in Gaza,” Netanyahu said, according to the Israeli prime minister’s office.

It said Netanyahu “will not give in to pressure, be deterred or back down” until Israel’s war goals are achieved.

Israel’s Foreign Ministry said the ICC had “lost all legitimacy” after issuing the warrants against Netanyahu and Gallant, calling them “absurd orders without authority”.

“A dark moment for the international criminal ‘Court,'” said Foreign Minister Gideon Saar, who replaced Gallant earlier this month, in a post on the X platform.

Hamas called on the ICC to “extend the scope of accountability” to all Israeli leaders.

International reactions

Meanwhile, the Netherlands said it was ready to act on the arrest warrant issued against Netanyahu, according to the Dutch news agency ANP.

Asked by reporters about Thursday’s announcement, Jordanian Foreign Minister Ayman Safadi said the ICC rulings should be respected.

Senior EU diplomat Josep Borrell said the warrants against Netanyahu and Gallant were not political and called for the ICC ruling to be respected and implemented.

sdi/kb (AP, AFP, dpa, Reuters)