Legal Accountability: ICC’s Arrest Warrants

By Abigail N. Bedard

On Thursday, November 21st, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister, Benjamin Netanyahu, former Defense Minister, Yoav Gallant, and Hamas Commander, Mohammed Deif. In their statement, the ICC accused Netanyahu and Gallant of “crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024”. The report details the offenses, citing, “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”. Prime Minister Netanyahu responded to the warrants in a statement on X, comparing the ICC’s decision to the 1894 Dreyfus Affair, and arguing that the ICC judges based this decision on “antisemitic sentiments”.

Mohammed Deif was also accused of, “alleged crimes against humanity and war crimes” in Israel and Palestine since October 7, 2023. Though Deif is believed to have been killed in an Israeli airstrike back in July, the Court argued that it was not their place to determine whether Deif was alive or dead, and proceeded in issuing the warrant. The ICC stated that Deif, “is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence”. Hamas did not respond to the warrant issued for Deif, but praised the ICC’s decision to issue warrants for Netanyahu and Gallant. Basem Naim, a Hamas political bureau member, issued a statement in response to the warrants, “[It is] 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”.

The White House vehemently rejected the Court’s decision. President Biden responded to the news on Thursday, “The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security”. However, several countries have voiced their support for the ICC, including Belgium, France, Canada, Iran, Italy, Jordan, South Africa, Sweden, The Netherlands and others. The warrants could impact Israel’s diplomatic relations with those countries that recognize the ICC and its authority. In a recent interview, Rutgers law professor Adil Haque posited, “I think that even Israel’s allies who are ICC member states will face internal domestic pressure to cut off diplomatic contacts with Netanyahu”. These warrants could also mean a termination of weapons contracts ​​with certain European states, particularly those with laws limiting weapons transfers in situations in which there’s reason to believe a country may use them to commit crimes against humanity.