ICC Issues Arrest Warrants For Netanyahu, Gallant, And Hamas Leader Over War Crimes And Crimes Against Humanity

Arrest warrants have been issued for Israeli Prime Minister Benjamin Netanyahu and former defence secretary Yoav Gallant by the International Criminal Court (ICC).

The warrants are for alleged war crimes and crimes against humanity related to the war in  Gaza that  Israel launched following the 7 October attacks by Hamas.

Another warrant was issued for the arrest of Hamas leader  Mohammed Diab Ibrahim al Masri for war crimes and crimes against humanity.

Al Masri, also known as Mohammed Deif, was the mastermind behind the 7 October attacks.

It is unclear if he is still alive,  following an airstrike that Israel claimed killed him earlier this year .

Neither Israel nor the US are members of the ICC. Israel has rejected the court’s jurisdiction and denies committing war crimes in Gaza.

Former Israeli prime minister Naftali Bennett said the warrants for Netanyahu and Gallant were a “mark of shame” for the ICC.

The court originally said it was seeking arrest warrants for the three men in May for the alleged crimes and today announced that it had rejected challenges by Israel and issued warrants of arrest.

The new UK Labour government said in the summer it would  not oppose the ICC’s right to issue the warrants .

In its update, the ICC said it found “reasonable grounds to believe” that Netanyahu and Gallant “bear criminal responsibility” for alleged crimes.

These, the court said, include “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”.

Netanyahu previously spoke of his  “disgust” at the suggestion the ICC would seek an arrest warrant for him .

The ICC also said it has issued an arrest warrant for Hamas leader Al Masri, saying it has “reasonable grounds to believe” that he is responsible for crimes against humanity including murder, extermination, torture, rape, as well as war crimes including taking hostages.

Discussing the 7 October attacks, the court said: “In light of the coordinated killings of members of civilians at several separate locations, the Chamber also found that the conduct took place as part of a mass killing of members of the civilian population, and it therefore concluded that there are reasonable grounds to believe that the crime against humanity of extermination was committed.”

In its statement, the ICC said the prosecution was not in a position to determine whether Al Masri is dead or alive, so was issuing the arrest warrant.

The court previously said it was seeking an arrest warrant for Ismail Haniyeh, the leader of Hamas who was  subsequently killed in July .

The court in their statement said that they have reasonable grounds to believe that those two men, have been carrying out the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution and other inhumane acts.

Ever since the arrest warrants were first sought there have been a lot of legal challenges. But the court has rejected all that and has now issued these arrest warrants.

So what does it mean? Well, practically, it would mean that Benjamin Netanyahu and Yoav Gallant couldn’t travel to any state that is a signatory of the ICC – about 120 countries around the world, including the UK and many European countries.

Were Netanyahu to travel to any of those countries, he should be arrested by the police forces of those countries. And it’ll be very interesting to see what Sir Keir Starmer’s reaction is to this.

But the US, Israel’s closest ally, is not a signatory of the ICC. I think Netanyahu will have support on the other side of the Atlantic.

Also, these ICC arrest warrants don’t always get carried out. We saw President Vladimir Putin, who had an arrest warrant issued for him after the invasion of Ukraine, travel to Mongolia a couple of months ago and nothing was done about that.

But in terms of the reputations of Benjamin Netanyahu and Yoav Gallant, in terms of that legacy, they are now wanted suspects, wanted to be put on trial for war crimes. And it is a label that will never leave them.