Top war-crimes court issues arrest warrants for Netanyahu and Hamas officials

THE HAGUE (AP) — The world’s top war-crimes court issued arrest warrants Thursday for the leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, accusing them of crimes against humanity in connection with their war that began more than a year ago.

The warrants against Netanyahu and former Defense Minister Yoav Gallant focus on allegations Israel has used food as a weapon in its campaign against Hamas in Gaza, a charge Israeli officials deny. Experts have warned that hunger has become widespread across Gaza and may have reached famine levels in the north of the territory, which is under siege by Israeli troops.

The action by the International Criminal Court came as the death toll from Israel’s campaign in Gaza passed 44,000 people, according to local health authorities, who say more than half of those killed were women and children. Their count does not differentiate between civilians and combatants.

Netanyahu condemned the arrest warrant against him, saying Israel “rejects with disgust the absurd and false actions” by the court. In a statement released by his office, he said: “There is nothing more just than the war that Israel has been waging in Gaza.”

The decision turns Netanyahu and the others into internationally wanted suspects and could further isolate them, as well as complicate efforts to negotiate a cease-fire. But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court.

Israeli leaders, politicians and officials across the spectrum denounced the warrants and the ICC. The new defense minister, Israel Katz, who replaced Gallant earlier this month, said Thursday’s decision is “a moral disgrace, entirely tainted by antisemitism, and drags the international judicial system to an unprecedented low.”

Human rights groups applauded the move.

The warrants against both sides “break through the perception that certain individuals are beyond the reach of the law,” the associate international justice director at Human Rights Watch, Balkees Jarrah, said in a statement.

The decision came six months after ICC Chief Prosecutor Karim Khan requested the warrants.

The court issued a warrant for Mohammed Deif, head of Hamas’ armed wing, over the Oct. 7, 2023, attacks that triggered Israel’s offensive in Gaza. It said it found reasonable grounds to believe Deif was involved in murder, rape, torture and the taking of hostages amounting to war crimes and crimes against humanity.

In the Hamas-led attack, militants stormed into southern Israel, killing 1,200 people — mostly civilians — and taking some 250 others hostage. Around 100 Israelis remain captive in Gaza, around a third of them believed to be dead.

Khan withdrew his request for warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, who have both since been killed. Israel says it also killed Deif in an airstrike, but Hamas has never confirmed his death.

The warrants for Netanyahu and Gallant were issued by a three-judge panel in a unanimous decision.

The panel said there were reasonable grounds to believe they “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival,” including food, water, medicine, fuel and electricity.

The Israeli Foreign Ministry said in September that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.

The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court. The country has struggled to investigate itself in the past, rights groups say.

Despite the warrants, none of the suspects is likely to face judges in The Hague anytime soon. Member countries are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce that.

For example, Russian President Vladimir Putin, who is wanted on an ICC warrant for alleged war crimes in Ukraine, recently visited Mongolia, a member state in the court but also a Russian ally. He was not arrested.

Still, the threat of arrest now complicates any travel abroad by Netanyahu and Gallant — including to close allies of Israel, such as France or Britain, said Yuval Shany, an international law expert at Jerusalem’s Hebrew University.

France signaled it could arrest Netanyahu if he came to its territory. Foreign Ministry spokesman Christophe Lemoine called it a “complex legal issue” but said France supports the court’s actions.

“Combating impunity is our priority,” he said. “Our response will align with these principles.”

Israel’s opposition leaders fiercely criticized the ICC’s move. Benny Gantz, a retired general and political rival to Netanyahu, said it showed “moral blindness” and was a “shameful stain of historic proportion that will never be forgotten.”

Yair Lapid, another opposition leader, called it a “prize for terror.”

Soon after Israel launched its campaign vowing to destroy Hamas after the October attacks, it announced a total seal on Gaza, vowing not to let in food, water or other supplies. Under U.S. pressure, it began allowing a trickle of humanitarian aid to enter a few weeks later. The campaign has caused heavy destruction across Gaza and driven almost the entire population of 2.3 million people from their homes, leaving most dependent on humanitarian aid to survive.

Israel now says it puts no limit on the amount of supplies into Gaza. Still, the flow of food and other goods is at nearly the lowest levels of the war, and the U.N. and other groups have said Israeli military restrictions are largely to blame, along with widespread lawlessness that has led to theft of aid shipments.

The case at the ICC is separate from another legal battle Israel is waging at the top U.N. court, the International Court of Justice, in which South Africa accuses Israel of genocide, an allegation Israeli leaders staunchly deny.

Lawyers for Israel argued in court that the war in Gaza was a legitimate defense of its people and that it was Hamas militants who were guilty of genocide.