International Criminal Court issues arrest warrants for Netanyahu and Gallant over war crimes and crimes against humanity committed in Gaza
Member States of the Rome Statute under legal obligation to arrest the suspects and deliver them to the court in The Hague for criminal prosecution
21st November 2024 - The Chamber of the Court issued the arrest warrants today, six months after the ICC Chief Prosecutor requested them on May 20th 2024. The long-awaited decision represents a turning point in the history of the Gaza genocide and of the Palestinian struggle for liberation. States party to the Rome Statute are formally required to take legal action against the criminals and members of the international community can no longer deny the grave international crimes that Israel is continuing to commit in Palestinian territories.
Six months after ICC Chief Prosecutor Karim Khan submitted his request for arrest warrants against Israeli leadership, the ICC Pre-Trial Chamber has determined that Israel’s Prime Minister Benjamin Netanyahu and former Minister of Defence Yoav Gallant are to be tried for crimes committed against the Palestinian people in Palestinian territories, specifically the Gaza Strip, since at least October 8th 2023, including but not limited to:
the war crime of starvation as a method of warfare;
the crime against humanity of murder;
the crime against humanity of persecution;
the crime against humanity of other inhumane acts.
The implications of this decision by the Pre-Trial Chamber are wide-reaching, first and foremost including the recognition of the grave international crimes currently and previously committed by the Israeli government against the Palestinian people.
Whereas the commission of further crimes under the ICC’s jurisdiction such as extermination and genocide is yet to be established by the Court, admission of the commission of the above-mentioned crimes debunks Israel’s pernicious claims that it is attacking Gaza as an act of self-defense, and that its military aggression on Palestinian territories is lawful. Indeed it is not, and the crimes committed by the State of Israel represent the gravest crimes possible under international law.
Other States and international actors, including corporations, can no longer claim Israel’s conduct is justified, and risk criminal liability for complicity in these crimes if they continue to provide it with diplomatic cover, aid, weapons or funding, amongst others. They must take decisive action to comply with their obligations under international law, including ending all forms of collaboration with the government of Israel and imposing sanctions on it, undertaking all that is in their power to end Israel’s crimes while providing access to justice to the Palestinian people.
In terms of criminal proceedings, all States party to the Rome Statute of the ICC are bound by its decision and under the obligation to arrest Benjamin Netanyahu and Yoav Gallant. Practically, this means that if Netanyahu or Gallant find themselves in the territory of any of the 124 countries under the ICC’s jurisdiction, national authorities must apprehend them and deliver them to the ICC in The Hague for criminal prosecution. They will be indicted and face trial for their crimes before the Court, which will consider the evidence at hand to determine which crimes have been committed and how to hold the perpetrators accountable.
Most likely, Netanyahu and Gallant will avoid most international travel in order to avoid being apprehended and delivered to the ICC - except perhaps travel to a country outside the ICC’s jurisdiction (like the USA for example, which is not a State Party to the Rome Statute).
