In a historic move, the International Criminal Court (ICC) has issued warrants of arrest today for Israeli Prime Minister Benjamin Netanyahu and defense minister Yoav Gallant, citing “crimes against humanity and war crimes from at least 8 October 2023.” The ICC believes that both bear responsibility for "the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts." The ICC also issued a warrant for Mohammad Al-Masry (commonly known as Deif), chief of Hamas' military wing.
ICC Prosecutor Karim Khan filed applications for their arrest in May 2024. The applications also included Yahya Sinwar, who was killed in combat with invading Israeli Occupation Forces in Gaza last month, and Ismail Haniyeh, whom Israel assassinated in Iran in July. According to Al Jazeera, Hamas had rejected ICC's decision against members of its leadership at the time saying that victims were being equated with the executioner.
Within the warrants, the Chamber states that they have “found reasonable grounds to believe” that both Netanyahu and Gallant “each bear criminal responsibility for the following crimes… the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”
Now that the warrants have been issued, the 124 countries that are signatories to the Rome Statute are legally obliged to uphold the Court’s decision, and thus, arrest the perpetrators if they are on their soil.
The ICC, however, does not acknowledge the root issue at hand as Noura Erakat wrote in The Washington Post in May, “The Rome Statute, which established the court, does not consider colonialism to be a core crime.”
The lack of historical and political context and accountability creates major dissonance. Erakat writes, “The worst crimes committed by former colonial powers — here, Israel’s forced displacement and repression of Palestinians over decades — are beyond judicial reach.”
In her op-ed, Erakat also explains how the ICC is not necessarily a vehicle for justice, but does serve a purpose in setting a precedent. She offers valuable insight in stating that “the request for arrest warrants finally breaks the taboo on charging Israel and challenging the paradigm that has collapsed Jewish safety with Israeli state crimes. Although the warrants, on their own, will not bring justice, they have cracked the wall that has shielded Israel from accountability and obscured the crisis of the Palestinian right to life and dignity.”
After the warrants were issued today, she posted on the social media platform X, “Either the ICC will successfully prosecute Netanyahu & Gallant or the U.S. will disembowel the international court to protect itself & fellow accused war criminals. Either way, it’s a win because the U.S. (and Israel) continues to show their face & further isolate themselves globally.”
The International Centre of Justice for Palestinians (ICJP) released a statement welcoming the decision and calling it “overdue.” The group challenged the ICC “to commence pursuit of warrants for a greater range of charges including against additional perpetrators.”
According to Reuters, a spokesperson for the White House said that the U.S. rejects this decision, accusing the ICC of committing “process errors.” U.S. politicians have also expressed disdain. Republican congressman Mike Waltz, who is also Trump’s National Security adviser pick accused the ICC of “antisemitic bias.”
In June, the U.S. House of Representatives passed legislation to sanction the ICC after its prosecutor announced his intention to seek warrants. The bill has not been introduced to the Senate since and is not expected to become law, according to Reuters. In light of recent news, however, Democratic congressman Brad Sherman called the decision to issue warrants a “perversion of justice” defending Israel’s actions in Gaza and advocating for the U.S. to sanction the ICC.
This reaction is a stark contrast to the sentiment shared when the ICC issued an arrest warrant for Vladimir Putin, the U.S. applauded the decision affirming that the move was justified. The U.S. is not a signatory to the Rome Statute.
In an act of solidarity, Dearborn’s mayor Abdullah Hammoud wrote on X that “Dearborn will arrest Netanyahu & Gallant if they step within Dearborn city limits.” He also urged other cities to take similar measures in the face of the U.S. President Joe Biden’s inaction.
Canada’s Prime Minister, Justin Trudeau, stated that Canada will abide by all regulations and rulings made by the ICC. The European Union’s foreign policy chief, Josep Borrell, said that “the court’s decision should be ‘respected and implemented.’” In tandem, the Netherlands has announced that it is fully prepared to implement the Rome Statute and arrest Netanyahu and Gallant. France’s foreign ministry spokesman has also reaffirmed “that France’s reaction to the decision will be in line with the court’s statutes.”
The U.S. government has made it clear it’ll stand to defend Israel’s act of genocide against the Palestinians in Gaza, defying international law and order.
