ICC Issues Arrest Warrants for Netanyahu and Gallant Over Alleged War Crimes in Palestine

On November 21, 2024, the International Criminal Court's (ICC) Pre-Trial Chamber I rejected Israel's objections to its jurisdiction in the situation concerning the State of Palestine and issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

These decisions stem from alleged crimes against humanity and war crimes, including starvation as a method of warfare and other inhumane acts, committed between October 8, 2023, and May 20, 2024.

The ICC emphasized its territorial jurisdiction over Gaza, the West Bank, and East Jerusalem, rejecting Israel's challenges as premature and unsubstantiated.

Article 15: Prosecutor’s Initiation of Investigations Allows the Prosecutor to initiate investigations proprio motu (on their own initiative) based on sufficient evidence.

Alleged Crimes:

1. Applicability of International Law:

   • International humanitarian law governing armed conflicts applied due to Israel and Palestine being High Contracting Parties to the 1949 Geneva Conventions.

   • Laws of both international and non-international armed conflicts were deemed relevant, reflecting the relationships between Israel, Palestine, and Hamas.

2. Actions Against Civilians in Gaza:

   • Alleged crimes involved actions by Israeli government bodies and armed forces targeting Gaza’s civilian population.

   • These actions were deemed part of an international armed conflict and occupation.

3. Deprivation of Essential Resources:

   • Netanyahu and Gallant allegedly deprived Gaza civilians of essentials such as food, water, medicine, fuel, and electricity from October 8, 2023, to May 20, 2024.

   • This deprivation impeded humanitarian aid and violated international humanitarian law.

4. Humanitarian Impact:

   • Restrictions on resources severely affected water supply and healthcare, disrupting hospitals and medical care in Gaza.

   • Conditional increases in aid were insufficient and largely a response to international pressure rather than fulfilling legal obligations.

5. Crimes Against Humanity and War Crimes:

   • Alleged crimes included:

     • Starvation as a method of warfare.

     • Persecution and murder as part of systematic attacks against civilians.

   • The Chamber found these actions to be widespread and systematic.

6. Legal Basis for Arrest Warrants:

   • Arrest warrants were issued under the law of international armed conflict, citing violations and attacks intentionally directed against civilians.

The warrants remain confidential to protect witnesses and ongoing investigations, but limited details were made public to address ongoing concerns and inform victims and their families. Netanyahu and Gallant are accused of impeding humanitarian aid, depriving Gaza's civilian population of essential goods like food, water, and medical supplies, and conducting attacks intentionally targeting civilians.

Article 18(1) of the Rome Statute outlines the Prosecutor's obligation to notify States Parties about the initiation of an investigation into a situation within the Court's jurisdiction. This notification is crucial for ensuring cooperation between the Court and States Parties, as well as for allowing States Parties to exercise their rights under the Statute.

The ICC ruled that these actions violated international humanitarian law and constitute crimes against humanity, including persecution and murder.

This decision follows a broader investigation into the Palestinian situation, which began after Palestine's 2015 acceptance of ICC jurisdiction and the initiation of formal investigations in 2021. Several countries have supported referrals to the ICC, reflecting the international community's concern over the humanitarian crisis and alleged violations of international law in the region.

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

Article 12(3) of the Rome Statute provides a mechanism for states that are not parties to the Rome Statute to accept the jurisdiction of the International Criminal Court (ICC) for specific cases or situations. This allows the ICC to exercise jurisdiction over crimes committed within the territory of a non-State Party or against nationals of a non-State Party.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date. 

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I's decision on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. 

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

Thanks For Visiting!!