The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister and Hamas officials, accusing them 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.
Netanyahu condemned the arrest warrant against him, saying Israel “rejects with disgust the absurd and false actions”.
In a statement released by his office, he said: “There is nothing more just than the war that Israel has been waging in Gaza.”
The decision on Thursday turns Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a cease-fire 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 subsequently killed in the conflict.
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 blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.
“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 three-judge panel wrote in its unanimous decision to issue warrants for Netanyahu and his former defence minister, Yoav Gallant.
The court also issued a warrant for Mohammed Deif, one of the leaders of Hamas, over the October 2023 attacks that triggered Israel’s offensive in Gaza.
The ICC chief prosecutor withdrew his request for warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, after they were both killed in the conflict.
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.
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 anytime soon. The court itself 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 Netanyahu and 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.
Member countries are required to detain suspects if a warrant has been issued if they set foot on their soil, but the court lacks a mechanism to enforce its warrants.
