The Pre-Trial Chamber of the International Criminal Court unanimously decided to reject Israel's complaint and issued arrest warrants for the Prime Minister and former Defense Minister of Israel for "crimes against humanity" and "war crimes." The ICC determined that the alleged crimes were committed at least from October 8, 2023, to May 20, 2024—the day the prosecution filed motions for arrest warrants.
The ICC noted that Israel's recognition of the court's jurisdiction is not required.
Netanyahu and Gallant will be subject to arrest if they travel to any of the more than 120 countries that are ICC members.
The court also issued an arrest warrant for Mohammed Diab Ibrahim al-Masri (also known as Mohammed Deif) in connection with the mass killings on October 7, 2023, which triggered the war. Israel claims to have killed Deif in an airstrike, but Hamas has never officially acknowledged the death of the shadowy head of its military wing.
As reported by The Times of Israel, the decision will complicate efforts to negotiate a ceasefire to end the 13-month conflict. However, its practical consequences may be limited, as Israel and its main ally, the United States, are not members of the court, and several Hamas representatives were subsequently killed during the conflict.
Meanwhile, there is already a precedent where an ICC member country did not carry out an arrest under an ICC warrant. Mongolia was obliged to arrest Vladimir Putin, who visited, but did not do so.
Photo: Yonatan Sindel/Flash90