The ICC has issued arrest warrants for Israeli leaders Netanyahu and Gallant for alleged war crimes and crimes against humanity in Gaza.
The International Criminal Court (ICC) issued on Thursday arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and former Israeli Defence Minister Yoav Gallant in response to accusations of crimes against humanity and war crimes in Israel’s war on Gaza.
ICC judges said there were “reasonable grounds” that Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, ” during Israel’s war, commonly referred to as a genocide, on the Gaza Strip.
The ICC also issued an arrest warrant for the military commander of Hamas, Mohammed Deif, for the group’s alleged role in the 7 October attack on Israel.
Deif’s status is unknown as Israel claimed it had killed him during an attack in Gaza in July, while Hamas has denied he had died.
According to the arrest warrants, the 124 member states of the Rome Statute, established by the ICC, must arrest Netanyahu and Gallant and hand them over to the court if they enter their territories.
Tel Aviv and its top ally, the US, denounced the court’s decision against the Israeli leaders, even as other Western nations and leading international rights groups welcomed it.
Netanyahu’s office rejected the ICC’s decision, describing the move as “antisemitic” in a statement.
US President Joe Biden said that the ICC’s move against the Israeli leaders was “outrageous”, adding: “We will always stand with Israel against threats to its security.”
Meanwhile, the Palestinian resistance group Hamas welcomed the arrest warrants for Netanyahu and Gallant, although the group did not make any mention of Deif in its statements.
“[It’s] an important step towards justice and can lead to redress for the victims in general, but it remains limited and symbolic if it is not supported by all means by all countries around the world,” Hamas political bureau member Basem Naim said.
The Palestinian Authority, which governs the occupied West Bank said that “the ICC’s decision represents hope and confidence in international law and its institutions”.
Several Western nations voiced their commitment to the arrest warrants as the European Union declared that the ICC decision was “binding”.
“It is not a political decision,” said EU foreign policy chief Josep Borrell, speaking during a visit to Jordan.
“It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented.”
Borrell emphasised that all 27 member states of the bloc were required to implement ICC’s decisions.
Belgium urged other European nations to follow through with the arrest warrants for Netanyahu and Gallant, advocating for economic sanctions and the suspension of the Association Agreement, which governs political and economic relations with Israel.
“The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the (ICC)”, Belgium’s foreign ministry said on X.
“Those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them.”
Spain said it would follow the ruling, with official sources telling AFP the country “respects the decision and will conform to its commitments and obligations in compliance with the Rome Statute and international law”.
Italian Defence Minister Guido Crosetto said his country would be obliged to arrest Netanyahu and Gallant if they visited.
Similarly, the Netherlands, Norway and Sweden also confirmed their intention to comply with the arrest warrants.
“Sweden and the EU support the important work of the court and safeguard its independence and integrity,” Sweden’s Foreign Minister Maria Malmer Stenergard said.
“It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards,” Norway’s Foreign Minister Espen Barth Eide said.
The UK government said it respects the ICC’s independence without stating clearly whether it would arrest the Israeli officials if they landed in its territory.
Canada affirmed its commitment to honouring all rulings made by the international court.
“It’s really important that everyone abide by international law,” Canadian Prime Minister Justin Trudeau said.
Leading international rights groups also welcomed the ICC’s decision.
“Prime Minister Netanyahu is now officially a wanted man,” said Amnesty International’s Secretary General Agnes Callamard said in a statement.
“ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges.”
The US-based Human Rights Watch said: “The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law.”