The issuance of arrest warrants by the International Criminal Court (ICC) against Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas leader Mohammed Deif represents a pivotal moment in international law and accountability. This move underscores the complexity of addressing war crimes and humanitarian violations in protracted conflicts like that in Gaza.
The ICC accuses Netanyahu and Gallant of using starvation as a method of warfare by depriving Gaza’s civilian population of essential resources such as food, water, fuel, and medicine.
Both are also charged with targeting civilian populations, which constitutes a war crime under international law.
Mohammed Deif is charged with murder, torture, rape, and the taking of hostages during the October 2023 attacks, reflecting violations of humanitarian and human rights norms. The Gaza conflict has caused catastrophic loss of life, with over 44,000 Palestinians killed, mostly women and children, according to local sources. Around 90% of Gaza’s population has been displaced.
Israel, like the United States, is not a member of the ICC, complicating the enforcement of these warrants. Member states of the ICC are obliged to arrest the accused if they enter their territory, but political alliances may affect compliance, as seen in the past with figures like Vladimir Putin.
The ICC’s decision could further isolate Netanyahu internationally, with European Union representatives like Josep Borrell calling for compliance, while allies like the US have rejected the charges. The warrants signal a potential shift in holding leaders of Western-backed democracies accountable for alleged war crimes.
The ICC’s focus on the starvation of Gaza’s population aligns with reports from the UN and aid organizations, which have warned of famine-like conditions and deteriorating living standards due to the blockade.
Israel has strongly condemned the ICC, rejecting its jurisdiction and accusations, calling the warrants antisemitic and politically motivated. The Israeli Foreign Ministry claims the country has a respected legal system capable of addressing such allegations independently.
It highlights the court’s willingness to pursue leaders from powerful states, setting a precedent for addressing alleged war crimes committed by Western-aligned democracies. The charges emphasize the role of international bodies in holding both state and non-state actors accountable for violations of humanitarian norms. The response to the ICC’s move will test the global community’s commitment to impartial justice, especially in politically sensitive conflicts.
The ICC’s arrest warrants for Netanyahu, Gallant, and Deif represent a significant escalation in the legal and diplomatic fallout from the Gaza conflict. While enforcement remains unlikely, the decision underscores growing international concern over accountability in conflicts involving both state and non-state actors. The move raises critical questions about the balance between justice, diplomacy, and humanitarian intervention in ongoing crises.
