The International criminal court’s pre-trial chamber issued Thursday (Nov. 21) arrest warrants for Benjamin Netanyahu, his former defense minister and a Hamas military chief whose whereabouts are unknown.
The ICC prosecutor sought warrants for 2 Hamas leaders who are belived to have been killed by Israel.
Netanyahu, and ex-minister Yoav Gallant are wanted for the war crime of starvation as a method of warfare and crimes against humanity of murder, persecution, and other inhumane acts.
The Chamber also “assessed that there are reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.”
Several EU countries arm Israel and are signatories of the document establishing the ICC.
Speaking from Jordan, the EU’s top diplomat reacted to the news.
“I will be very sober in my comment. It is not a political decision, it is a decision of a court, of a court of justice, an international court of justice,” Josep Borrel said during a press cnfrence.
“And the decision of the court has to be respected and implemented. So I take note of the decision of the International Criminal Court to issue arrest warrants for Prime Minister Netanyahu, the former Minister of Defense Mr. Gallant and the Hamas leaders. This decision is a binding decision on all states, all state parties of the court, which include all members of the European Union, are bound to implement this court decision.”
In theory, state parties to the ICC must arrest any individual wanted by the court who travels to their country.
The Israeli Prime minister condemned the arrest warrant against him, claiming “there is nothing more just than the war” his country is waging in Gaza.
The warrants come at the end of legal procedure which saw Israel challenge the ICC’s jurisdiction and six months after the court’s prosecutor filed a request.
Israel’s challenges of the arrest warrant to the ICC was rejected.
The Chamber found reasonable grounds to believe that senior leaders of Hamas, comprising of at least Mr Deif, Mr Sinwar, and Mr Haniyeh, agreed to jointly carry out the deadly October 7, 2023attack on Israel.
The Chamber found reasonable grounds to believe that Mr Deif, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence.