The International Criminal Court issues arrest warrants against Benjamin Netanyahu and Yoav Galant on charges of war crimes in the Gaza Strip

The International Criminal Court issued two international arrest warrants on Thursday against Israeli Prime Minister Benjamin Netanyahu and dismissed Defense Minister Yoav Galant, on charges of committing war crimes and crimes against humanity during the war of extermination on the Gaza Strip.

This came in a decision the details of which were published by the court on its website, in which it refuted the reasons for the decision that rejected the appeal of its jurisdiction to consider the case that was filed by Tel Aviv.

The International Criminal Court said, “Regarding the situation in the State of Palestine: Pre-Trial Chamber I of the International Criminal Court rejects the challenges submitted by the State of Israel regarding jurisdiction, and issues arrest warrants against Benjamin Netanyahu and Yoav Galant.”

The court found that the crimes attributed to Netanyahu and Galant include “the use of starvation as a method of warfare, crimes against humanity of murder and persecution, and directing deliberate attacks against civilians despite the possibilities available to prevent this.”

The statement stressed that Israel’s acceptance of the court’s jurisdiction is not required, as it can exercise its jurisdiction on the basis of the territorial jurisdiction of Palestine.

The statement also said that the Pre-Trial Chamber considered that under Article 19 of the Statute, States aren’t entitled to challenge the Court’s jurisdiction before the arrest warrant is issued, and therefore Israel’s challenge is premature.

According to the details of the decision, “The First Chamber of the International Criminal Court issued arrest warrants against Netanyahu and Galant on charges of committing crimes against humanity and war crimes between October 8, 2023 and at least May 20, 2024, the day on which the prosecution submitted the requests for the arrest warrants.”

The International Criminal Court explained that the decision to issue the two arrest warrants was classified as secret in order to protect witnesses and the course of the investigation, but it decided to make them public because the situation remained the same and because this was in the interest of the victims and those affected by the war in Gaza.

The International Criminal Court stressed that the charges against Netanyahu and Galant fall within her jurisdiction, which extends to Gaza and the West Bank.

The statement said, “The Court found reasonable grounds to believe that Netanyahu and Galant bear criminal responsibility as co-perpetrators of acts, together with others, for: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution and other inhumane acts.”

It also found reasonable grounds to believe that Netanyahu and Galant bear criminal responsibility, as civilian leaders, for the war crime of deliberately directing an attack against the civilian population in Gaza.

During the period in question, international humanitarian law relating to international armed conflict applies to the situation between Israel and Palestine, because they are High Contracting Parties to the 1949 Geneva Conventions and because Israel occupies at least parts of Palestine.

The International Criminal Court added that “the law relating to non-international armed conflict applies to the fighting between Israel and Hamas.”

The issue is therefore related to the relationship between two parties to an international armed conflict, as well as the relationship between the occupying power and the population in the occupied territory.

The court statement continued, “For these reasons, and with regard to war crimes, the Chamber found it appropriate to issue arrest warrants in accordance with the law of international armed conflict, and that the alleged crimes against humanity were part of a widespread and systematic attack against civilians in Gaza.”

The court also noted serious indications that Netanyahu and Galant intentionally and knowingly deprived civilians in Gaza of things indispensable to survival, including food, water, medicine and medical supplies, as well as fuel and electricity.

The court statement didn’t ignore their role in preventing humanitarian aid from reaching those in need in the Gaza Strip, in addition to obstructing the institutions concerned with undertaking this task in similar circumstances (referring to the ban on the work of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)) and the unilateral decision to allow this, which came under international pressure.

The court noted that even if aid did arrive, only a minimal amount was allowed, and therefore it was in no way enough to cover the needs of the people due to the ongoing war and the tight siege.

In this context, she stressed that there is no justification for the Israeli behavior of preventing the arrival of basic goods to the Strip.

The International Criminal Court also criticized Netanyahu’s decision to link the achievement of the war’s objectives (most notably the destruction of Hamas’s capabilities in the Strip) to allowing the entry of necessary aid, which led to a prolonged period of deprivation of the residents of the basic necessities of life.

The International Criminal Court noted that Netanyahu and Galant’s conduct created living conditions with the intent to destroy part of the civilian population in Gaza, leading to the death of civilians, including children, due to malnutrition and dehydration.

Regarding the issue of doctors in Gaza being forced to perform surgeries on patients, including children, without anesthesia and in unsafe conditions, due to the prevention of the entry of necessary materials, the court stressed that this amounts to the crime against humanity of committing inhumane acts.

Following the decision of the International Criminal Court, which has no police to enforce its orders, its member states became legally obligated to arrest Netanyahu and Galant if they entered their territories, and hand them over to the court.

The court found that the crimes Netanyahu and Galant were charged with were on a political and/or national basis, and therefore found that the crime of persecution had been committed.