THE HAGUE, Netherlands (AP) — The International Criminal Court (ICC) in The Hague issued arrest warrants on Thursday against the Prime Minister of Israel, Benjamin Netanyahu, his former defense minister, and Hamas officials, accusing them of war crimes and crimes against humanity for the war in Gaza and the October 2023 attacks that triggered the Israeli offensive in Palestinian territory.
The decision turns Netanyahu into an internationally wanted suspect and will likely further isolate him and complicate efforts to negotiate a ceasefire to end the 13-month conflict.
However, arrest warrants and their practical implications could be limited, as Israel and its main ally, the United States, are not members of the Court and several Hamas officials have been killed in the conflict.
What was Israel's reaction to the decision of the International Criminal Court?
Netanyahu and other Israeli leaders have condemned the request for arrest warrants by the ICC prosecutor, Karim Khan, as shameful and antisemitic.
The President of the United States, Joe Biden, also criticized the prosecutor and expressed his support for Israel's right to defend itself against Hamas. At the same time, the Islamist organization supported by Iran also criticized the request.
The Israeli Ministry of Foreign Affairs said in September that it had submitted two legal reports challenging the jurisdiction of the ICC and arguing that the court did not provide Israel with the opportunity to investigate the accusations itself before requesting the orders.
"No other democracy with an independent and respected legal system like the one in Israel has been treated so harmfully by the prosecutor," wrote X, the spokesperson for the Ministry of Foreign Affairs, Oren Marmorstein. He stated that Israel remains "firm in its commitment to the rule of law and justice" and will continue to protect its citizens against militants.
What did the Criminal Court say to justify its decision?
"The court considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of essential items for their survival, including food, water, medicine and medical supplies, as well as fuel and electricity," wrote the panel of three judges in their unanimous decision to issue arrest warrants for Netanyahu and his former defense minister, Yoav Gallant.
The ICC is a court of last resort that only processes cases when national law enforcement authorities cannot or do not want to investigate.
Despite the orders, it is unlikely that the suspects will soon face the judges in The Hague. The court itself does not have police to enforce the orders, and instead relies on the cooperation of its member states.