ICC Issues Arrest Warrants

This morning the Pre-Trial Chamber of the International Criminal Court (ICC) rejected challenges by the State of Israel and issued arrest warrants for Benjamin Netanyahu and Yoav Gallant.

In doing so, the Chamber decided that acceptance of the Court’s jurisdiction by Israel is not required, as it can exercise jurisdiction on the basis of territorial rights of Palestine, and Israel’s challenge is premature. The Chamber also rejected two requests submitted by Israel on 26th September 2024, further challenging the jurisdiction of the court and asking for a halt to proceedings.

These arrest warrants are classified as ‘secret’ in order to protect witnesses and safeguard the conduct of investigations, but the Chamber released some information because the conduct addressed in the warrants appears to be continuing.

It found reasonable grounds to believe that Netanyahu and Gallant each bear criminal responsibility for starvation as a method of warfare, murder, persecution, and other inhumane acts. Further the Chamber found reasonable grounds to believe they both bear criminal responsibility as civilian superiors for intentionally directing an attack against a civilian population.

Politicians in Israel have been quick to condemn the arrest warrants but the practical implications seem to be limited. Benjamin Netanyahu and Yoav Gallant could face travel restrictions in nations that recognise the jurisdiction of the ICC, but they don’t face restrictions in the United States, Russia, and many other countries that are not signatories to the ICC statute.

Israel’s president, Isaac Herzog, said the court has ignored the Israeli hostages, still held by the terrorists, as well as Israel’s right as a democracy to defend itself after coming under a brutal attack. He described the issuing of arrest warrants as cynical exploitation:

“This cynical exploitation of the international legal institutions reminds us once again
of the need for true moral clarity in the face of an Iranian empire of evil
that seeks to destabilise our region and the world,
and destroy the very institutions of the free world.”

This report by Sky News: