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The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military chief Mohammed Deif.
This marks a groundbreaking move by the ICC, as it is the first time in its 22-year history that arrest warrants have been issued for senior officials from a Western-allied nation.
The arrest warrants, approved by the ICC’s Pre-Trial Chamber I, follow a request made six months ago by the ICC’s prosecutor, Karim Khan.
The three individuals are accused of war crimes and crimes against humanity linked to actions in the ongoing Israel-Hamas conflict since October 7, 2023.
The decision comes after months of legal challenges, including Israel’s efforts to question the court’s jurisdiction over the case.
The ICC’s decision to publicize the existence of the warrants, despite them being classified as “secret,” reflects the growing concern over the violence in Gaza and the increasing call for justice for the victims of the conflict.
According to the court, the disclosure was made to serve the interests of the victims and their families. Netanyahu and Gallant’s arrest warrants are unprecedented in the context of Israel’s relationship with the ICC, as Israel is not a member of the court.
However, Palestine has been a member of the Rome Statute since 2015, which grants the ICC jurisdiction over alleged war crimes committed in the Palestinian territories, including Gaza, the West Bank, and East Jerusalem.
This has allowed the court to investigate violations in the region, despite Israel’s refusal to recognize its authority. The warrant for Mohammed Deif, the elusive leader of Hamas’ military operations, comes despite Israeli claims that he was killed during recent Israeli airstrikes in Gaza.
The court’s decision underscores its ongoing investigation into the war crimes committed by all parties in the conflict, highlighting its commitment to ensuring accountability for atrocities.
The ICC’s investigation into war crimes in Palestine began in 2021, encompassing alleged crimes committed by both Israeli forces and Palestinian armed groups, including Hamas.
The move to issue the warrants follows earlier efforts by prosecutor Khan to secure warrants for other Hamas leaders, including Ismail Haniyeh, who was reportedly killed in Iran in July, and Yahya Sinwar, who was confirmed dead in Gaza.
As a result, the warrant for Haniyeh was withdrawn, and that for Sinwar was rendered redundant following his death.
While the ICC does not have direct enforcement powers and relies on its member states’ cooperation, all 124 member states of the Rome Statute are now legally obligated to arrest and transfer the individuals named in the warrants to The Hague.
This highlights the growing role of international law in holding accountable those accused of committing serious violations, even in politically sensitive situations.
As the conflict continues to ravage Gaza, the ICC’s move is seen as a step toward greater accountability in a region marked by a long history of violence.
The court’s actions reflect a commitment to addressing the human cost of the ongoing war and upholding the principles of justice and international law.