War crimes: World Criminal Court issues arrest warrant against Netanyahu

The International Criminal Court has issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in the Gaza war. Arrest warrants were also issued against the country’s former defense minister, Joav Galant, and a leader of the terrorist organization Hamas, Mohammad Diab Ibrahim Al-Masri. Netanyahu is the first democratically elected Western head of government to be sought by the International Criminal Court with an arrest warrant as a suspected war criminal.

The judges in The Hague agreed to a request from chief prosecutor Karim Khan in May. Netanyahu and Galant are therefore suspected of war crimes and crimes against humanity in the Gaza Strip since October 8, 2023.

There is great outrage over the arrest warrants in Israel. Netanyahu spoke of an “anti-Semitic decision.” It was made by “biased judges driven by anti-Semitic hatred against Israel,” his office said in a statement.

The pressure on Israel could now increase. In the short term, the arrest warrant is unlikely to have any concrete consequences. However, the travel options of those wanted are severely limited. The 124 member states of the court – including Germany – are obliged to arrest wanted people as soon as they are in their territory.

Starving the civilian population

A central accusation against Israeli politicians is the starvation of the civilian population in the Gaza Strip, as can be seen from the unanimous decision. The judges found sufficient grounds to believe that Netanyahu and Galant “intentionally and knowingly deprived the civilian population in the Gaza Strip of essential items for their survival, including food, water, medicine and medical supplies, as well as fuel and electricity.” The two politicians are therefore possibly responsible for murder and persecution. According to the judges, the direct attacks on the civilian population had no military purpose.

Hamas military chief Al-Masri – known as Deif – is wanted for the October 7, 2023 massacres against Israelis. The mass murder triggered the Gaza war a good 13 months ago. Among other things, Deif is accused of torture, rape and murder. He is believed to have been killed in an Israeli bombing raid in the Gaza Strip. However, there was never any official confirmation of his death.

Criticism also from the opposition

Even many of Netanyahu’s opponents in Israel are critical of the court’s decision because, in their view, no arrest warrants were issued against other heads of state, such as Bashar al-Assad in Syria, for alleged war crimes. They accuse the court of being biased.

The decision was also criticized by the Israeli opposition as rewarding the terrorists against whom Israel is defending itself in the Gaza war, wrote opposition leader Jair Lapid on Platform X.

The Central Council of Jews in Germany expressed sharp criticism. “This arrest warrant against a prime minister of a democratic state and his former defense minister is an absurdity,” said Central Council President Josef Schuster in Berlin. There was initially no reaction from the federal government.

Israel denies allegations

Chief prosecutor Khan welcomed the judges’ decision. This confirms that international law must be upheld in all circumstances through fair and impartial processes. He called on all contracting states to adhere to their obligations set out in the basic treaty. “We count on your cooperation in this case, as in all other cases within the court’s jurisdiction.”

Chief prosecutor Khan has been investigating alleged war crimes in the Gaza war for months. Israel had filed a complaint against the application for the arrest warrants, but the judges have now rejected them. Netanyahu government denies war crimes in Gaza. The country is defending itself against the terrorist group after the Hamas massacre on October 7, 2023.

The Islamist Hamas celebrated the international arrest warrants against Netanyahu and Galant as a historic step. The decision was an “important historical precedent and a correction of a long path of historical injustice against our people,” said a Hamas statement.

The court’s decision will further isolate the Israeli government internationally. There are fears in Israel that its own position in negotiations for a ceasefire in the Gaza war will be weakened and that pressure could increase on the country to agree to an agreement that does not include the release of the hostages still held by Hamas.

Freedom of travel restricted

The Times of Israel spoke of a “huge legal bombshell”, but Israeli media consider the practical effects to be limited and the arrest warrants unenforceable, also because neither the USA nor Israel recognize the criminal court. Since the Palestinian territories are a contracting state, Chief Prosecutor Khan is also allowed to investigate.

The World Criminal Court does not recognize any immunity for heads of state or government. As early as 2023, it issued an arrest warrant against Russian President Vladimir Putin for possible war crimes in Ukraine. However, the court based in The Hague has no ability to execute the arrest warrants.

Lots of criticism internationally

The chief prosecutor’s request for the arrest warrants sent shockwaves internationally. Israel’s most important ally, the USA, also spoke out against the arrest warrants. However, like Israel, the USA does not recognize the court. Other countries, such as France, supported the criminal court. But the Palestinian territories are a contracting state. The court had already determined in 2021 that it also had jurisdiction over areas that had been occupied by Israel since 1967.