In a significant development, the chief prosecutor of the International Criminal Court (ICC) has sought arrest warrants for leaders of Israel and Hamas over actions taken during their seven-month war. The prosecutor accused Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders of war crimes and crimes against humanity in the Gaza Strip and Israel. While Netanyahu and Gallant do not face imminent arrest, the move has deepened Israel’s isolation over the war in Gaza. The announcement by the ICC’s chief prosecutor was condemned by Israeli leaders as disgraceful and antisemitic, with U.S. President Joe Biden also criticizing the prosecutor and supporting Israel’s right to defend itself against Hamas.
A panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed. Israel, not being a member of the court, means that Netanyahu and Gallant do not face immediate risk of prosecution even if the warrants are issued. However, the threat of arrest could make it difficult for the Israeli leaders to travel abroad. Netanyahu called the accusations against him a disgrace and vowed to press ahead with Israel’s war against Hamas. Biden also condemned the effort to arrest Netanyahu and Gallant, highlighting that there is no equivalence between Israel and Hamas. Hamas, too, denounced the prosecutor’s actions, equating the request to arrest its leaders with equating the victim with the executioner.
Numerous Israeli leaders have come under pressure at home to end the war, with thousands of Israelis joining demonstrations calling for a resolution to bring home Israeli hostages held by Hamas. Netanyahu received support from politicians across the spectrum in condemning the ICC prosecutor’s move, including Israel’s president and his main political rivals. While it is uncertain how the move will impact Netanyahu’s public standing, there is a possibility that it could further weaken his international standing. The refusal of other countries to provide support and assistance due to this development could compromise Netanyahu’s ability to travel abroad and conduct diplomatic engagements.
Hamas, already considered an international terrorist group, saw three of its leaders targeted by the ICC prosecutor’s request. The latest war between Israel and Hamas began when militants from Gaza killed civilians and took hostages, prompting Israel to launch a campaign against Hamas in Gaza. The war has resulted in significant casualties among Palestinians, sparking a humanitarian crisis in Gaza with a large part of the population displaced and facing food shortages. The prosecutor highlighted the devastating impact of the hostilities and emphasized the need for accountability for the acts committed by both Hamas and Israeli leaders.
The international response to the ICC prosecutor’s move has been mixed, with some countries welcoming the announcement seeking the arrest of Israeli and Hamas leaders. South Africa, for instance, which has been leading a genocide case against Israel at the U.N. world court, supported the move as a step towards upholding the international rule of law. The ICC, established as the permanent court of last resort to prosecute individuals responsible for heinous atrocities, operates independently. While some countries do not recognize its jurisdiction over war crimes and other crimes, others, including the Palestinians, have accepted the court’s jurisdiction. The move to seek arrest warrants for Israeli and Hamas leaders marks a significant development in the ongoing conflict in the region, raising questions about accountability and international law.
