ICC issues arrest warrant for Netanyahu on Gaza 'war crimes'

The International Criminal Court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza, adding to pressure on the country’s leadership over the conduct of its military campaign against Hamas.

The Hague-based court’s Thursday announcement followed an application by the ICC’s chief prosecutor in May, and relates to Israel’s ongoing war against the Iran-backed militant group. The court also issued warrants for former Israeli Defense Minister Yoav Gallant and Hamas military chief Mohammed Deif, who Israel says is dead.

The Israeli government has repeatedly denied the charges, saying the conduct of its war with Hamas — designated a terrorist organization by the U.S. — is in line with international law.

“Israel rejects the absurd and false actions and accusations by the ICC,” Netanyahu’s office said in a statement after the warrants were issued. “No anti-Israel decision will prevent Israel from protecting its citizens.”

Netanyahu is unlikely to face trial as the court doesn’t allow that to happen in absentia. Yet many of Israel’s Western allies, including the U.K., France, Germany and Canada, are ICC signatories, potentially complicating travel by Netanyahu to those countries.

Still, chief ally the U.S. isn’t a signatory and U.S. President Joe Biden has said the prosecutor’s decision to seek arrest warrants was “outrageous.” President-elect Donald Trump is likely to take an equally dim view, with some of his cabinet picks saying the U.S. would sanction the ICC if its judges agreed to issue warrants.

Israel went to war with Hamas after the militant group raided the south of the country on Oct. 7, 2023, killing about 1,200 people and abducting another 250. About 44,000 people have been killed in Israel’s subsequent offensive in Gaza, according to Hamas-run health authority in the Palestinian territory, which doesn’t distinguish between combatants and civilians.

Much of Gaza has been destroyed and the conflict has triggered protests in the U.S. and European countries.

United Nations bodies have warned of a humanitarian crisis in the territory, with aid organizations saying that they are struggling to provide enough assistance.

The ICC warrants were issued “for crimes against humanity and war crimes,” the court said in its statement. Those include “starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts.”

‘Right to Defend’

The decision fails to take into account the plight of Israeli hostages still held by Hamas and the group’s use of civilians as human shields, Israel’s President Isaac Herzog said in a post on X.

“It ignores the basic fact that Israel was barbarically attacked and has the duty and right to defend its people. It ignores the fact that Israel is a vibrant democracy, acting under international humanitarian law, and going to great lengths to provide for the humanitarian needs of the civilian population,” Herzog said.

Israel had lobbied against the arrest warrants before they were issued. Earlier this year, the ICC prosecutor’s office ordered an end to attempts to threaten court officials, without specifying who is trying to interfere in its investigations.

The court has jurisdiction over only those states that are signatories to its founding treaty. Israel, like China, the U.S. and Russia, are among countries that are not, while the ‘State of Palestine’ is.

Last year, the court issued an arrest warrant for Russian President Vladimir Putin for war crimes related to the alleged abduction of children from Ukraine, a move that was dismissed by the Kremlin.

—With assistance from Alisa Odenheimer and Marissa Newman.