The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister and Hamas officials.
They are accused of war crimes and crimes against humanity over the war in Gaza and the October 2023 attacks that triggered Israel’s offensive in the Palestinian territory.
The decision turns Mr Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a ceasefire to end the 13-month conflict.
But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and several of the Hamas officials have been killed in the conflict.
Mr Netanyahu and other Israeli leaders have condemned ICC chief prosecutor Karim Khan’s request for warrants as disgraceful and antisemitic.
US President Joe Biden also criticised the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also condemned Mr Khan’s request.
However, the three-judge panel reached a unanimous decision to issue warrants for Netanyahu and his former defence minister, Yoav Gallant.
They wrote: “The chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”
The Israeli Foreign Ministry said in September that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.
“No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the prosecutor,” Foreign Ministry spokesperson Oren Marmorstein wrote on X.
He said Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy.
The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court and the country has struggled to investigate itself in the past, rights groups say.
Despite the warrants, none of the suspects is likely to face judges in The Hague any time soon. The court has no police to enforce warrants, instead relying on cooperation from its member states.
Even so, the threat of arrest could make it difficult for Mr Netanyahu and Mr Gallant to travel abroad although Russian President Vladimir Putin, who is wanted on an ICC warrant for alleged war crimes in Ukraine, recently showed he could still visit an ally when he travelled to Mongolia, one of the court’s member states, and was not arrested.
Mr Khan sought warrants in May, accusing Mr Netanyahu and Mr Gallant of crimes including murder, intentionally attacking civilians and persecution.
In a statement, Mr Khan alleged that Israel “has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival” by closing border crossings into the territory and restricting essential supplies.
At the same time, he accused three Hamas leaders — Mohammed Deif, Yahya Sinwar and Ismail Haniyeh — of crimes linked to the October 7 2023 attacks, when Hamas-led militants stormed into southern Israel, killing some 1,200 people and abducting another 250. The three leaders were accused of crimes including murder, extermination, taking hostages, rape and torture.
“The chamber found reasonable grounds to believe that Mr Deif, born in 1965, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other forms of sexual violence,” a statement says.
Prosecutors withdrew their request for a warrant for Haniyeh, who was assassinated in what was believed to be an Israeli strike in Iran in July. Israel also claims to have killed Deif but Hamas has not confirmed his death.
Sinwar, who was promoted to succeed Haniyeh as Hamas’ leader, was killed in a chance front-line encounter with Israeli troops in October.
Human rights groups have applauded the decision, which came more than six months after Khan made his initial request.
“The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law,” the associate international justice director at Human Rights Watch, Balkees Jarrah, said.
