The Hague-based court, also issued a warrant of arrest for Hamas militant Mohammed Deif for alleged crimes against humanity and war crimes committed in the territories of the State of Israel and the State of Palestine beginning October 7, 2023. However, Deif is believed to have been killed in an airstrike in al-Mawasi in August.
The ICC issued the arrest warrants on Thursday, November 21, 2024, following the court's Pre-Trial Chamber I unanimously rejecting Israel's challenges to its jurisdiction under the Rome Statute.
According to the ICC, Netanyahu and Gallant are accused of co-perpetrating crimes that include the war crime of starvation as a method of warfare and crimes against humanity such as murder, persecution, and other inhumane acts.
The charges stem from actions during an armed conflict between Israel and Palestine, with the ICC finding reasonable grounds to believe that Israeli authorities intentionally deprived Gaza's civilian population of essential resources, including food, water, and medical supplies.
The court noted that restrictions on humanitarian aid were unjustified under international humanitarian law and caused significant suffering and deaths among civilians, including children.
'By intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anesthetics and anesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment.
'Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anesthetics, and/or were forced to use inadequate and unsafe means to sedate patients, causing these persons extreme pain and suffering. This amounts to the crime against humanity of other inhumane acts,' reads part of the ICC's statement.
Israel had filed two requests challenging the ICC's jurisdiction and procedural steps. The first argued that the court lacked jurisdiction over Israeli nationals and the broader situation in Palestine, while the second requested a renewed investigation notification and a halt to proceedings related to the arrest warrants.
The ICC dismissed both challenges, stating that jurisdiction is based on Palestine's territorial scope and that Israel's requests were premature.
Hamas Leaders
The prosecution had initially filed applications for warrants of arrest for two other senior Hamas leaders, Ismail Haniyeh and Yahya Sinwar. Following confirmation of their deaths, the Chamber granted the withdrawal of the applications on August 9, 2024, and October 25, 2024, respectively. Regarding Deif, the prosecution indicated that it would continue to gather information about his reported death.
Hamas launched missile attacks on Israel on October 7, 2023, stating that the attack was in response to the continued Israeli occupation of Palestinian territories, the blockade of the Gaza Strip, the expansion of illegal Israeli settlements, threats to the status of the Al-Aqsa Mosque, and the plight of Palestinian refugees and prisoners.
Israel responded to the attack with a devastating bombardment of Gaza. Palestinian authorities reported that Israel's retaliatory actions killed more than 25,000 people, mostly women and children.
ICC Prosecutor Karim Khan indicated in May that his office had 'reasonable grounds to believe' that Sinwar, Deif, and Haniyeh were 'criminally responsible for the killing of hundreds of Israeli civilians' during the October 7 attacks. Khan also applied for a similar warrant of arrest for Netanyahu and his then defence minister.
Netanyahu dismissed the probe into Israel's actions in Palestinian territories, stating that any arrest warrants against its officials 'would be an outrage of historic proportions.' He noted that Israel 'has an independent legal system that rigorously investigates all violations of the law.'
Earlier this month, the Israeli Prime Minister dismissed Gallant from the defence role, citing a "crisis of trust" as the primary reason. He stated that his confidence in Gallant had "eroded" over the past few months, prompting the decision. Foreign Minister Israel Katz was picked to take over Gallant's role.
Gallant attributed his dismissal to disagreements over three key issues. One of these was his belief that Israel could secure the return of the remaining hostages from Gaza by making "painful but manageable concessions."
Wycliffe Nyamasege
