ICC Issues Arrest Warrant For Dead Hamas Commander Alongside Netanyahu, Gallant For Alleged War Crimes

Judges at the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military commander Mohammed Deif on Thursday over alleged war crimes and crimes against humanity. The warrants are part of the ICC's investigation into actions during the conflict between Israel and Hamas that began on October 7, 2023.

The warrants for Netanyahu and Gallant are specifically for crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest. The warrant cites crimes which include persecution, murder, and other inhumane acts, as well as the war crime of starvation as a method of warfare. Netanyahu and Gallant are also accused of directing attacks against the civilian population.

Even though the warrants are classified as 'secret', in order to protect witnesses and to safeguard the conduct of the investigations, Pre-Trial Chamber I of the International Criminal Court decided to release the information since conduct similar to that addressed in the warrant of arrest appears to be ongoing, according to an official statement from the ICC.

For Hamas, the warrant against Mohammed Deif is tied to allegations of crimes against humanity and war crimes committed during the October 7 attack on southern Israel. This attack, which killed approximately 1,200 people and involved the taking of 251 hostages, has been cited as evidence of extermination, murder, and torture. Israel asserts that Deif was killed in an airstrike, but the ICC stated it could not independently confirm his death, according to the BBC.

Israel, which is not a party to the Rome Statute governing the ICC, argued that the court lacked authority over its nationals. However, the ICC maintained that its jurisdiction extends to Palestinian territories, including Gaza and the West Bank, and that the court can proceed under the principle of territorial jurisdiction accepted by Palestine.

The arrest warrants compel the ICC's 124 member states to decide whether to execute them, though enforcement is uncertain as neither Israel nor its key ally, the United States, are members of the court.