The International Criminal Court (ICC) building is pictured on November 21, 2024 in The Hague. /CFP
The International Criminal Court (ICC) issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu and his former defense chief, as well as a Hamas leader, Ibrahim Al-Masri, for alleged war crimes and crimes against humanity in the Gaza conflict.
In their decision, the ICC judges said there were reasonable grounds to believe Netanyahu and Yoav Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza."
They said there were also reasonable grounds to believe the blockade on Gaza and lack of food, water, electricity, fuel and medical supplies "created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children, due to malnutrition and dehydration."
The warrant for Masri lists charges of mass killings during the October 7, 2023, attacks on Israel that triggered the Gaza war, and also charges of rape and the taking of hostages.
Israel has said it killed Masri, also known as Mohammed Deif, in an air strike in July but Hamas has neither confirmed nor denied this. The prosecution indicated it would continue to gather information with respect to his reported death.
Global Reaction
Israel:
"Today is a dark day in the history of humanity, the international court in The Hague which was invented in order to protect humanity has become today the enemy of humanity," Israeli Prime Minister Benjamin Netanyahu said in a video posted on social media platform X, adding that he expects countries not to support the ICC's decision.
"It's an antisemitic step that has one goal – to deter me, to deter us from having our natural right to defend ourselves against enemies who try to destroy us."
Former Israeli Defense Minister Yoav Gallant:
"Gone are the days when we could be denied the right to defend ourselves. The attempt to deny Israel its right to achieve its goals in its just war will fail."
Israeli President Isaac Herzog:
"The decision chose the side of terrorism and evil over democracy and freedom and turned the international justice system itself into a human shield for Hamas' crimes against humanity."
Israeli Foreign Minister Gideon Saar:
"A dark moment for the International Criminal Court," Saar said, saying the court had "lost all legitimacy" and adding that it had issued "absurd orders without authority."
Israeli Security Minister Itamar Ben-Gvir:
"The International Criminal Court in The Hague shows once again that it is antisemitic through and through."
Palestinians:
Hamas official statement:
"We call on the International Criminal Court to expand the scope of accountability to all criminal occupation leaders."
Senior Hamas official Basem Naim:
"This is an important step on the path to justice and bringing justice to the victims but it remains a limited and spiritual step if it is not backed practically by all countries."
The Palestinian Authority:
The PA welcomed the decision and urged members of the court to implement it, the Palestinian news agency WAFA reported.
Lawyers and NGOS:
Yael Vias Gvirsman, the lawyer representing Israeli victims of the October 7 attacks at the ICC, called this a significant step.
ICC judges have "issued arrest warrants for torture, extermination, rape, and other sexual crimes and for inhumane acts. And this is very significant: the recognition of the victims, and (that) they're saying the truth."
Human rights lawyer Reed Brody called the warrants "unprecedented, justified, and overdue," adding that the ICC has never indicted a pro-Western official in its 21-year history and has primarily targeted defeated adversaries or opponents of the West.
Human Rights Watch called the arrest warrants a "break through the perception that certain individuals are beyond the reach of the law. This is all the more important given the brazen attempts to obstruct the course of justice at the court."
It urged the global community to address atrocities and secure justice for all victims in Palestine and Israel.
North America:
White House National Security Council spokesperson: "The United States fundamentally rejects the Court's decision to issue arrest warrants for senior Israeli officials. We remain deeply concerned by the prosecutor's rush to seek arrest warrants and the troubling process errors that led to this decision."
Canada's Prime Minister Justin Trudeau said: "It's really important that everyone abide by international law," adding the country would abide by rulings of international courts.
Europe:
EU foreign policy chief Josep Borrell said the ICC warrants for Netanyahu and Gallant are not political and that all EU member states should respect the court decision and implement it. All EU countries have ratified the Rome Statute treaty.
The Netherlands, Switzerland, Ireland, Italy, and Spain all said they would meet their commitments and obligations regarding the Rome Statute and International Law. Austria said the same, though its Foreign Minister Alexander Schallenberg added that the warrant was absurd.
France's Foreign Ministry stated its response to the warrants would align with ICC statutes but declined to confirm if it would arrest Netanyahu, citing legal complexity.
Britain respects the independence of the ICC, a spokesperson for Prime Minister Keir Starmer said without confirming whether Britain would uphold the warrants.
Norway's Foreign Minister Espen Barth Eide said, "It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards."
Swedish Foreign Minister Maria Malmer Stenergard said Sweden and the EU "support the court's important work and protect its independence and integrity". Swedish law enforcement authorities decide on the arrest of subjects of ICC warrants on Swedish territory, she added.
Turkey's Foreign Minister Hakan Fidan said the ICC arrest warrant was a "hopeful" and extremely important step in bringing to justice Israeli authorities who committed genocide against Palestinians. "We will continue to work to ensure that international law is implemented to punish genocide," Fidan also said.
Middle East:
Jordan's Foreign Minister Ayman Safadi said the ICC rulings should be respected and implemented, adding that "Palestinians deserve justice."
Africa:
South Africa, which has accused Israel of genocide in Gaza with the International Court of Justice, welcomed the ICC's decision.
"These actions mark a significant step towards justice for crimes against humanity and war crimes in Palestine."