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The International Criminal Court issues arrest warrants for Netanyahu and Hamas officials

The International Criminal Court issues arrest warrants for Netanyahu and Hamas officials

The International Criminal Court has issued arrest warrants Israeli prime minister Benjamin Netanyahuhis former defense minister and Hamas representatives, accusing them of war crimes and crimes against humanity for war in Gaza and the October 2023 attacks that triggered an Israeli offensive into Palestinian territory.

Thursday’s decision makes Netanyahu and others internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a ceasefire to end the 13-month conflict.

But its practical consequences may be limited, since Israel and its main ally, United Statesare not members of the court, and several Hamas officials were subsequently killed in the conflict.
Israeli Prime Minister Benjamin Netanyahu addresses lawmakers of the Knesset, Israel’s parliament, in Jerusalem Monday, November 18, 2024. (AP Photo/Ohad Zwigenberg)

Netanyahu and other Israeli leaders condemned ICC Chief Prosecutor Karim Khan’s request for the warrants as disgraceful and anti-Semitic.

US President Joe Biden also criticized the prosecutor and expressed support for Israel’s right to protection from Hamas. Hamas also criticized the request.

“The Chamber finds that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population of Gaza of items essential to their survival, including food, water, medicine and medical supplies, as well as fuel and electricity,” the Chamber said. The three-judge panel unanimously decided to issue the warrants to Netanyahu and his former Defense Minister Yoav Gallant.

In September, Israel’s Foreign Ministry said it had submitted two legal opinions challenging the ICC’s jurisdiction and arguing that the court did not give Israel the opportunity to investigate the allegations itself before seeking warrants.

“No other democracy with an independent and respected legal system like the one in Israel has been subjected to such biased treatment by a prosecutor,” Foreign Ministry spokesman Oren Marmorstein wrote on X.

He said Israel remains “firm in its commitment to the rule of law and justice” and will continue to protect its citizens from militants.

Israeli Defense Minister Yoav Gallant (left) and Chief of General Staff Lt. Gen. Herzi Halevi attend a ceremony marking the Jewish calendar anniversary of last year’s Oct. 7 Hamas attack, which sparked the ongoing war in Gaza, at the Mount Herzl military base. Cemetery in Jerusalem, Israel, Sunday, October 27, 2024. (Gil Cohen-Magen/Pool Photo via AP)

The International Criminal Court is a court of last resort that hears cases only in cases where national law enforcement authorities are unable or unwilling to investigate. Israel is not a member state of the court.

The country has struggled in the past to investigate, rights groups say.

Despite the warrants, neither suspect is likely to appear in court in The Hague anytime soon.

The court itself does not have a police force to enforce warrants, instead relying on cooperation from its member states.