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Evening Standard
Evening Standard
World
Lydia Chantler-Hicks

ICC's arrest warrants for Benjamin Netanyahu and Yoav Gallant explained

The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant, accusing them of crimes against humanity.

The court also issued an arrest warrant for Mohammed Deif, a Hamas leader Israel claims it has killed.

Here, we take a look at what the arrest warrants mean, why have they been issued, and what the impact might be.

What is the ICC?

The International Criminal Court (ICC) investigates and tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.

As a court of last resort, it seeks to complement, not replace, national courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court and was established in 2002

The Hague-based court's 124 member states have signed on to the treaty that created the court. Dozens of countries did not sign and do not accept the court's jurisdiction. They include Israel, the US, Russia, and China.

The International Criminal Court in the Hague (REUTERS)

The ICC becomes involved when countries are unable or unwilling to prosecute crimes on their territory. Israel argues that it has a functioning court system, and disputes over a nation's ability or willingness to prosecute have fueled past disputes between the court and individual countries.

Why have the arrest warrants been issued for Benjamin Netanyahu and Yoav Gallant?

A three-judge panel from the ICC issued the warrants on Thursday, saying they were based on "reasonable grounds" that Netanyahu and Gallant bear responsibility for a war crime and crimes against humanity in the Gaza Strip. More than 44,000 people have reportedly been killed there and more than 104,000 wounded in the 13-month war between Israel and Hamas.

It accused Netanyahu and Gallant, who was replaced as Israel’s defence minister earlier this month, of the war crime of starvation, and crimes against humanity including murder, persecution, and other inhumane acts.

It said the murder accusation was supported by allegations that Gaza residents were deprived of basic necessities such as food, water, electricity and medical supplies.

That created conditions "calculated to bring about the destruction of part of the civilian population in Gaza," that led to deaths of children and others from malnutrition and dehydration, it said.

The court also found that by preventing hospital supplies and medicine from getting into Gaza, doctors were forced to operate and carry out amputations without anaesthesia or safe means of sedation, leading to "great suffering."

The court said evidence provided by the prosecution allowed it to find that two attacks were intentionally directed against civilians. It said there were reasonable grounds to believe that Netanyahu and Gallant failed to prevent those attacks.

What's the situation with the Hamas warrant?

The warrant against Deif said there was reason to believe he was involved in murder, rape, torture and the taking of hostages amounting to war crimes and crimes against humanity for the militant group's October 7, 2023, attacks on Israel. Some 1,200 people, mostly civilians, were killed in those attacks, and another 250 were abducted.

Deif, who had been highest-ranking commander of Hamas' military wing, was alleged to have ordered the October 7 attack and failed to prevent it.

The court said the mass slaughter of people at several Israeli settlements and an outdoor concert amounted to a crime against humanity and the war crime of murder. It also found those attacks qualified as the war crime of intentionally directing attacks against civilians.

Benjamin Netanyahu (left) and Yoav Gallant (AP)

The judges also found that allegations of sexual assault of captives and hostages - mostly women - provided reasonable grounds for crimes against humanity and the war crimes of both torture and rape.

What has the reaction been?

Netanyahu condemned the warrant, saying Israel "rejects with disgust the absurd and false actions."

Hamas said it welcomed the warrants against Netanyahu and Gallant after what it called decades of injustice by a "fascist occupation."

The Hamas statement did not refer to the warrant for Deif. Israel claims it killed him in an airstrike, but Hamas has never confirmed his death.

Is Netanyahu likely to appear in court soon?

While the warrants could complicate travel abroad for Netanyahu and Gallant, they are unlikely 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.

ICC judges have issued about 60 arrest warrants, and 21 people have been detained and appeared in court, according to its website. Some 30 people remain at large. The court has issued 11 convictions and four acquittals.

Would Netanyahu be arrested if he enters the UK?

Downing Street has not directly confirmed whether Netanyahu would be arrested if he visited the UK, following the ICC’s arrest warrant.

“We are not going to get into hypotheticals. We remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence,” the Prime Minister’s official spokesman said on Thursday when asked if the UK would obey the warrant.

An undated photo reportedly shows Mohammed Deif, who has reportedly been killed by Israeli forces (HANDOUT/AFP via Getty Images)

On Friday, Yvette Cooper said it is “not a matter” for her as Home Secretary when questioned about it.

She told Sky News: “That’s not a matter for me as Home Secretary.

“The International Criminal Court is of course independent and we respect its independence and the role that it has to play,” she added.

She said that the “overwhelming majority” of ICC investigations “never” become a matter for the British legal system or government, and added: “In any case, where they ever do there are proper processes that need to be followed and therefore it wouldn’t be appropriate for me to comment on those.”

On Friday Sir Keir Starmer's spokesman said the government would "fulfil its legal obligations" in relation to the arrest warrant.

A domestic legal process would needs to be carried out through the UK courts to determine whether or not to endorse the arrest warrant through the UK’s International Criminal Court Act 2001.

Ireland has taken a harder line, with its premier Simon Harris saying on Friday that Netanyahu would “absolutely” be arrested if he arrived in the country.

What happened to Putin’s ICC arrest warrant?

Last year, the ICC issued a warrant for Russian President Vladimir Putin on charges that he was responsible for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for Khan and ICC judges.

The chances of Putin facing trial at the ICC are highly unlikely because Moscow does not recognize the court's jurisdiction or extradite its nationals.

Former Libyan leader Moammar Gadhafi was captured and killed by rebels shortly after the ICC issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011.

One of Africa's most notorious warlords, Joseph Kony, was issued an arrest warrant from the ICC in 2005. As the leader of the Lord's Resistance Army in northern Uganda, he faces 12 counts of crimes against humanity including murder, sexual enslavement and rape, and 21 counts of war crimes. Despite an internationally backed manhunt and a $5 million reward, Kony remains at large.

Sudan's former President Omar al-Bashir is wanted by the ICC over accusations related to the conflict in Darfur. Al-Bashir was served with arrest warrants in 2009.

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