The International Court of Criminal has issued an arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Yoav Gallant, and Hamas Muhammed Deif for war crimes committed in relation with current Hamas-Israel war. The arrest warrant has put Netanyahu and Gallant, the former Defence Minister of Israel, at the risk arrest if they travel abroad.
Israel has earlier claimed that they have killed Dief during the ongoing war. Hamas has not confirmed the killing yet.
Karim Khan, the court’s chief prosecutor, had requested the arrest warrants in May, saying there were reasonable grounds to believe Netanyahu and Gallant bore “criminal responsibility” for causing mass starvation in Gaza that constituted war crimes and crimes against humanity.
The court also said that it had found reasonable grounds to believe that Deif was responsible for crimes against humanity and war crimes including murder, torture, rape and hostage taking relating to the 7 October Hamas attack on Israel.
In its unanimous decision, the three-judge panel said, “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”.
Israel rejected the ruling, and denied committing war crimes in Gaza. The ICC said that Israel’s acceptance of the court’s jurisdiction was not required.
Though some member states have ignored ICC warrants before, bot Gallant and Netanyahu could still risk arrest if they travelled to any country that had signed the 1998 Rome statute.
On Dief, the ICC said that “the chamber found reasonable grounds to believe that Mr Deif … 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”.
Khan has earlier sought arrest warrant for two other Hamas leaders, Yahya Sinwar, and Ismail Haniyeh, both whom were assassinated. Israel has claimed to kill Dief in an airstrike, but Hamas has not responded to the news.
Notably, the warrant came at a sensitive moment for Khan, who is facing sexual misconduct allegations. He is facing an external investigation into the matter. The inquiry will examine the allegations against Khan, which also include claims of unwanted sexual touching and “abuse” over an extended period, as well as coercive behaviour and abuse of authority, as reported by The Guardian. Khan denied all the allegations and said that he will cooperate with the investigation. The alleged victim, an ICC lawyer in her 30s, has previously declined to comment.