The International Criminal Court (ICC) has issued arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for alleged war crimes committed during the ongoing Gaza war, the court said in a statement Thursday.
The warrants were issued after the ICC’s pre-trial chamber unanimously rejected Israel’s challenges to the court’s jurisdiction and its request to halt proceedings with the prosecution’s applications for arrest warrants submitted earlier this year.
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Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant
(Photo: REUTERS/Piroschka van de Wouw/File Photo, Haim Goldberg/Flash90)
The tribunal claimed there are "reasonable grounds to believe" that Netanyahu and Gallant bear criminal responsibility for crimes including "the war crime of starvation as a method of warfare" and "crimes against humanity, including murder, persecution, and other inhumane acts" targeting Gaza’s civilian population.
The ICC accused the two leaders of deliberately depriving Gaza’s civilian population of essential goods, including food, water, electricity and medical supplies, resulting in significant suffering. According to the court, these actions were part of a "widespread and systematic attack" against civilians in Gaza and were carried out in violation of international humanitarian law.
“The Chamber considers that the alleged conduct of Mr. Netanyahu and Mr. Gallant falls within the jurisdiction of the Court,” the statement read, citing its previous determination that the ICC has territorial jurisdiction over Gaza and the West Bank, including East Jerusalem.
The court alleges that from October 2023, Israeli authorities imposed severe restrictions on humanitarian aid, with only minimal assistance allowed in response to international pressure. “Decisions allowing or increasing humanitarian assistance were not made to fulfill Israel’s obligations under international humanitarian law but rather to respond to external pressure," the court stated.
Among the alleged abuses, the ICC highlighted instances where hospitals in Gaza lacked anesthetics due to blockades, forcing doctors to operate on patients, including children, without proper sedation. These actions, the court said, amount to “other inhumane acts” under the Rome Statute.
The Chamber also found “reasonable grounds to believe” that the deprivation of essential goods resulted in deaths from malnutrition and dehydration among civilians, including children. While it could not confirm all elements of the crime against humanity of extermination, the court concluded that the crime of murder was committed.
Israel, which is not a member of the ICC, has dismissed the court’s authority, calling its actions politically motivated. Both Netanyahu and Gallant have yet to respond publicly to the warrants. The arrest orders are classified as "secret" to protect witnesses and investigations, though details were released due to ongoing similar conduct, the court said.
Judges also issued an arrest warrant for Hamas leader Mohammed Al-Masri, commonly known as Deif, for alleged war crimes and crimes against humanity. Israel announced it had killed the elusive military commander in a July airstrike, though the terror group has never confirmed his death.
The Prime Minister’s Office declared in a statement that the ICC’s “antisemitic decision” to issue arrest warrants against Netanyahu and Gallant “is equivalent to a modern Dreyfus trial.”
The decision drew swift and unequivocal condemnation across Israel’s political spectrum.
Avigdor Liberman, leader of the Yisrael Beitenu party, accused the court of showcasing "the international community’s double standards and hypocrisy," adding that “Israel will not apologize for defending its citizens and remains committed to fighting terror without compromise.”
Opposition leader Yair Lapid denounced the warrants as "a reward for terror," asserting that “Israel is defending its citizens against terrorist organizations that attacked, murdered and raped our people.”
Benny Gantz, leader of the National Unity Party, described the ICC decision as "moral blindness and a shameful stain of historic proportion that will never be forgotten."
Former Prime Minister Naftali Bennett labeled the warrants "a mark of shame" for the ICC, declaring, “On October 7th, Hamas brutally attacked Israel, murdering, burning alive and raping over 1,200 Israelis. Israel is fighting back the most just of wars against pure evil.”
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