The International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant on charges of war crimes and crimes against humanity linked to Israel’s military campaign in Gaza, a landmark decision that drew immediate condemnation from Israel and the United States and pledges of compliance from several European nations.
The ICC Pre-Trial Chamber ruled there were reasonable grounds to believe Netanyahu and Gallant bore criminal responsibility for acts including using starvation as a weapon of war, deliberately targeting civilians, and wilfully depriving Gazans of objects indispensable to survival, including food, water, and medicine. The warrants marked the first time the court has moved against the leader of a close Western ally.
What the Court Found
Chief Prosecutor Karim Khan applied for the warrants in May, citing evidence gathered from Gaza since the Hamas-led attacks on Israel on 7 October 2023, which killed approximately 1,200 people and saw 251 taken hostage. Israeli forces launched a large-scale military campaign in response that, according to Gaza’s health ministry, has killed more than 44,000 Palestinians, the majority women and children.
The ICC found that Israeli authorities deliberately restricted aid into Gaza, deployed food as an instrument of military pressure, and conducted strikes knowing civilians would be harmed disproportionately. The chamber said there were reasonable grounds to believe both men bore criminal responsibility.
Israel and the US Reject the Warrants
Netanyahu called the decision a historic disgrace, saying the court had no jurisdiction over a democratic state defending itself against terrorism. His office said Israel would not cooperate with what it described as a politically motivated process. The United States, which like Israel is not a member of the ICC, said it fundamentally disagreed with the decision. The Biden administration had previously opposed the prosecutor’s application, warning it could complicate ceasefire negotiations.
Secretary of State Antony Blinken said the warrants were not helpful given ongoing diplomacy aimed at securing a Gaza ceasefire and the release of remaining hostages.
Europe Splits Over Compliance
ICC member states are legally obligated to arrest individuals named in warrants if they enter their territory. The Netherlands, France, and the United Kingdom confirmed they would be bound by their treaty obligations, meaning Netanyahu could face arrest if he travelled to those countries. Germany said it would act in accordance with international law. Hungary’s Prime Minister Viktor Orban publicly invited Netanyahu to visit, calling the warrant illegitimate.
The split exposed fault lines within Europe over how to balance support for Israel’s security with obligations under international humanitarian law. Several nations faced pressure to restrict arms transfers to Israel.
Hamas Leaders Also Named
The ICC simultaneously issued warrants for Mohammed Deif, Hamas’s military commander, on charges including murder, hostage-taking, and sexual violence committed during the 7 October attacks. Deif was reported killed in an Israeli airstrike in July, though Hamas never confirmed his death. The dual warrants were seen as an attempt by the court to demonstrate even-handedness.
What Happens Next
The warrants will only be enforced if Netanyahu or Gallant travel to one of the 124 ICC member states. Israel is not a signatory to the Rome Statute and has no legal obligation to surrender its citizens. Cases proceed in absentia at The Hague unless the accused appear voluntarily. The decision adds diplomatic pressure on Israel’s allies to reconsider arms supplies and intensifies debate at the UN Security Council, where the US holds veto power.
Frequently Asked Questions
Can Netanyahu actually be arrested under the ICC warrant?
Only if he travels to one of the 124 countries that have signed the Rome Statute, including most EU nations. Israel and the US are not members, so the warrant cannot be enforced inside those countries.
Has the ICC issued warrants against Western-allied leaders before?
This is the first time the court has issued a warrant against a sitting or recent leader of a close US ally. Previous high-profile warrants targeted leaders of Sudan, Libya, Russia, and Kenya.
Source: International Criminal Court / Reuters / BBC News
