The International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, and Mohammed Deif, military chief of Hamas.
Here are some of the key takeaways from the warrants, which Netanyahu described as “absurd”, rejecting them with “disgust.”
– Netanyahu and Gallant –
– The arrest warrants cover the period between October 8, 2023, the day after the Hamas attack on Israel, and at least up until May 20, 2024, when prosecutor Karim Khan filed the application for them.
– The ICC said there were “reasonable grounds” to suspect the two men bore “criminal responsibility” for the following crimes: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.
– There were also grounds to suspect the pair of “criminal responsibility as civilian superiors” for the war crime of intentionally directing an attack against the civilian population, the court said.
– The court said the alleged crimes against humanity were part of a “widespread and systematic attack against the civilian population of Gaza.”
– Starvation –
– There were grounds to believe the pair “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the court said.
– This is based on their alleged role in “impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal.”
– The ICC had reasonable grounds to believe there was “no clear military need or other justification under international humanitarian law” for the restrictions on humanitarian relief.
– Therefore, the ICC also believed the pair had a case to answer for the war crime of starvation as a method of warfare.
– Murder –
– “The lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza,” the ICC said.
– This in turn resulted in the death of civilians, including children, due to malnutrition and dehydration.
– There were therefore reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims, said the ICC.
– However, judges ruled that it “could not determine that all elements of the crime against humanity of extermination were met” as sought by Khan in his application.
– ‘Other inhumane acts’ –
– By preventing medical supplies including anaesthetics from entering Gaza, the two are suspected of the crime against humanity of “other inhumane acts.”
– “Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics,” the ICC said.
– ‘Persecution’ –
– The court said the pair’s alleged actions “deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health.”
– As this population has allegedly been targeted based on political and/or national grounds, the court believes the crime against humanity of persecution was committed.
– Deif –
– The court also issued an arrest warrant for Deif, saying the prosecutor could not determine whether he was still alive.
– Israel says it has killed him but Hamas has not yet confirmed his death.
– The ICC said it had grounds to suspect Deif of the following crimes against humanity: murder, extermination, torture, and rape and other form of sexual violence.
– It also found reasonable grounds to believe he committed the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other form of sexual violence.
– The multiple attacks of October 7, 2023 were “part of a mass killing of members of the civilian population,” the ICC said, concluding there were “reasonable grounds to believe that the crime against humanity of extermination was committed.”
– The taking of multiple hostages during October 7 also constituted a war crime, according to the ICC.
– ‘Sexual violence’ –
– While in Hamas captivity, the court said “some hostages, predominantly women, were subjected to sexual and gender based violence, including forced penetration, forced nudity, and humiliating and degrading treatment.”
– Due to the treatment of hostages, Deif is suspected of torture, rape and other sexual violence, cruel treatment, and outrages against personal dignity, the ICC said.
– The court found reasonable grounds to believe that Deif, along with other senior Hamas figures, decided to carry out the October 7 attacks.
– As Hamas leader at the time, Deif “is responsible for the commission of these crimes.”
