The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, accusing them of committing war crimes and crimes against humanity during Israel’s ongoing military operations in Gaza. The warrants, announced on Thursday, come after months of investigations into the conflict.
The court alleges that Netanyahu and Gallant, in their respective roles, used “starvation as a method of warfare” by restricting the delivery of vital humanitarian aid to Gaza, while also intentionally targeting civilians during the Israeli campaign against Hamas. Both Israeli leaders have vehemently denied the accusations. Netanyahu’s office called the charges “absurd and false,” asserting that Israel’s military actions in Gaza are just and necessary, while Gallant condemned the ruling as a dangerous precedent against self-defence.
What are the charges?
The ICC ruling outlines several key allegations against Netanyahu and Gallant, alleging there are reasonable grounds to believe they bear criminal responsibility for the following:
War crime of starvation: Both leaders are accused of intentionally depriving the civilian population in Gaza of essential supplies, including food, water, medicine, fuel, and electricity, from at least 8 October 2023. These actions allegedly led to widespread malnutrition and dehydration, exacerbating the humanitarian crisis and leading to civilian deaths.
Crimes against humanity: The court accuses Netanyahu and Gallant of committing crimes against humanity, including:
– Murder: The deprivation of vital resources allegedly resulted in deaths, particularly among children, due to malnutrition and dehydration.
– Persecution: The restriction of humanitarian aid is seen as a politically motivated attack on Gaza’s civilian population, leading to systematic suffering.
– Other inhumane acts: The lack of medical supplies, including anaesthetics, forced doctors to operate on patients, including children, without proper anaesthesia, resulting in extreme pain and suffering.
Intentionally targeting civilians: Both leaders are also accused of directing military operations against civilians in Gaza, in violation of international humanitarian law. The court found no clear military necessity for such actions and determined that the attacks were deliberate.
The court’s findings, based on evidence gathered until May 2024, allege that restrictions on aid and medical supplies were not only ineffective but, at times, motivated by political considerations rather than humanitarian concerns.
56 warrants issued, only 21 executed
Since its establishment in 2002, the ICC has opened 32 cases involving alleged war crimes, genocide, crimes against humanity, and offences against justice. However, 14 of these cases remain unresolved, primarily because key suspects are still evading capture. The ICC, based in The Hague, lacks its own police force and depends on states to arrest suspects.
Out of 56 arrest warrants issued since 2002, only 21 have been carried out. Despite its efforts, the ICC struggles with state cooperation, particularly from countries like Russia, the US, and China, who refuse to recognise its jurisdiction.
List of countries where Netanyahu may be arrested
As a member of the ICC, any country that is part of the Rome Statute is obliged to enforce the arrest of individuals with such warrants if they set foot on their territory. However, there are limitations to the enforcement of these warrants, especially since the ICC has no police force of its own to carry out arrests.
While Netanyahu may not be immediately arrested, his travel to countries that are ICC member states could lead to legal challenges and potential detention. The warrant could influence his decisions on where he travels, as nations may be pressured to comply with the ICC’s directives. In total, 124 countries are parties to the Rome Statute, and the list includes a wide range of nations across continents, from Europe to Africa, Latin America, and the Asia-Pacific region.
List of countries :
1. Afghanistan
2. Albania
3. Andorra
4. Antigua and Barbuda
5. Argentina
6. Armenia
7. Australia
8. Austria
9. Bangladesh
10. Barbados
11. Belgium
12. Belize
13. Benin
14. Bolivia
15. Bosnia and Herzegovina
16. Botswana
17. Brazil
18. Bulgaria
19. Burkina Faso
20. Cabo Verde
21. Cambodia
22. Canada
23. Central African Republic
24. Chad
25. Chile
26. Colombia
27. Comoros
28. Congo
29. Cook Islands
30. Costa Rica
31. Côte d’Ivoire
32. Croatia
33. Cyprus
34. Czech Republic
35. Democratic Republic of the Congo
36. Denmark
37. Djibouti
38. Dominica
39. Dominican Republic
40. Ecuador
41. El Salvador
42. Estonia
43. Fiji
44. Finland
45. France
46. Gabon
47. Gambia
48. Georgia
49. Germany
50. Ghana
51. Greece
52. Grenada
53. Guatemala
54. Guinea
55. Guyana
56. Honduras
57. Hungary
58. Iceland
59. Ireland
60. Italy
61. Japan
62. Jordan
63. Kenya
64. Kiribati
65. Latvia
66. Lesotho
67. Liberia
68. Liechtenstein
69. Lithuania
70. Luxembourg
71. Madagascar
72. Malawi
73. Maldives
74. Mali
75. Malta
76. Marshall Islands
77. Mauritius
78. Mexico
79. Mongolia
80. Montenegro
81. Namibia
82. Nauru
83. Netherlands
84. New Zealand
85. Niger
86. Nigeria
87. North Macedonia
88. Norway
89. Panama
90. Paraguay
91. Peru
92. Poland
93. Portugal
94. Republic of Korea
95. Republic of Moldova
96. Romania
97. Saint Kitts and Nevis
98. Saint Lucia
99. Saint Vincent and the Grenadines
100. Samoa
101. San Marino
102. Senegal
103. Serbia
104. Seychelles
105. Sierra Leone
106. Slovakia
107. Slovenia
108. South Africa
109. Spain
110. State of Palestine
111. Suriname
112. Sweden
113. Switzerland
114. Tajikistan
115. Timor-Leste
116. Trinidad and Tobago
117. Tunisia
118. Uganda
119. United Kingdom
120. United Republic of Tanzania
121. Uruguay
122. Vanuatu
123. Venezuela
124. Zambia