ICC Seeks Arrest Warrants for Netanyahu Over Alleged War Crimes

The Hague – In a significant development, the International Criminal Court (ICC) may soon issue international arrest warrants for Israeli and Hamas leaders, alleging their responsibility for war crimes and crimes against humanity. This comes as ICC Chief Prosecutor Karim Khan sought warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, accusing them of multiple offenses since Israel declared war on Hamas following the militant group’s October 7 attacks.

Khan also targeted Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, charging them with crimes committed in Israel and Gaza. These actions coincide with a separate genocide accusation against Israel brought before the International Court of Justice (ICJ) by South Africa.

The ICC, established by the Rome Statute in 1998, investigates severe crimes such as genocide, crimes against humanity, war crimes, and crimes of aggression. The court prosecutes individuals, not states, and requires cooperation from member states for arrests. However, Israel and the U.S. are not signatories, making immediate prosecution of Netanyahu and Gallant unlikely, though international travel could become problematic for them.

Palestine, despite its non-member observer status at the UN, accepted ICC jurisdiction in 2014. This obliges the Palestinian Authority to address potential charges against Hamas leaders, though practical enforcement is complicated, as the PA lacks control over Gaza, and Haniyeh resides in non-signatory Qatar.

A pre-trial panel of ICC judges will decide within approximately two months whether to issue the requested warrants. Historically, the ICC has issued 46 arrest warrants, holding 21 suspects in custody, while 17 remain at large, including Russian President Vladimir Putin for alleged war crimes in Ukraine.

This case marks the potential for the first prosecutions involving non-African suspects, expanding the ICC’s scope to include high-profile figures from the Middle East. The ICC has convicted ten individuals for crimes within its jurisdiction, emphasizing its global reach and judicial impact.