The Hague, November 21, 2024. The issuance by the ICC of arrest warrants against Benjamin Netanyahu, Yoav Gallant and Mohammed Deif marks a turning point for international justice. The judicial appeals brought by Israel were rejected by Pre-Trial Chamber No. I. After carefully reviewing the evidence submitted, the judges determined that there are “reasonable grounds” to hold the three men responsible for war crimes and crimes against humanity.
« These decisions by the ICC judges send a strong message: impunity for war crimes and crimes against humanity cannot be tolerated », declares Alice Mogwe, president of FIDH. « Several countries have already declared that they will execute arrest warrants and arrest Prime Minister Netanyahu if he arrives on their territory. All States parties to the ICC must commit to this. It is about respecting the decisions of independent international judges and respecting international justice. These are fundamental conditions for putting an end to impunity. »
Danya Chaikel, FIDH representative to the ICCunderlines the importance of these historic arrest warrants: “ This is exactly what the ICC was created to do: to hold perpetrators of the most serious international crimes accountable, regardless of their status and power. The court shows its willingness to take on cases involving Western-backed officials, sending a clear message to Israel's closest allies, notably the United States, who have propagated a false narrative around the merits of Israel's actions and actively opposed the ICC's jurisdiction in these cases. This watershed moment demonstrates that international criminal justice can tackle the most politically sensitive issues to establish the truth and accountability of perpetrators. All third states must now act responsibly and end their complicity in the crimes committed in Gaza. »
Hamas' top military commander, Mohammed Diab Ibrahim Al-Masri, aka “Deif,” is accused of international crimes committed on October 7, when around 1,200 Israelis were killed and 251 were taken hostage . He is accused of committing crimes against humanity – murder, extermination, torture, rape and other forms of sexual violence – as well as war crimes – murder, torture and hostage-taking, among others.
In Gaza, after more than a year of war, at least 43,972 people, including 17,492 children, have been killed by the invasion and incessant attacks by the Israeli army. For this appalling record, and the continuation of these crimes, Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister, Yoav Gallant, are accused of committing a war crime by using starvation for military purposes, as well as crimes against humanity of murder, persecution and other inhumane acts. All of these crimes carry a sentence of life imprisonment.
« The horrors we have witnessed in Gaza for over a year are unbearable. These arrest warrants are a relief. They affirm a fundamental principle of international criminal justice: no one is above the law », declares Maryse Artiguelong, vice-president of FIDH and its French member organization, the Human Rights League (LDH). « This demonstrates the crucial role of the ICC in prosecuting perpetrators of international crimes, wherever they come from. This strengthens the rule of law, showing that such crimes will not go unpunished. The LDH will ensure that the French government implements this decision if the opportunity arises. »
Pour Clémence Bectarte, lawyer and coordinator of the FIDH legal action group « Beyond their legal scope, these arrest warrants remind us of the urgency of immediately putting an end to this war, the only way to stop the crimes against humanity and war crimes that are being perpetrated. »
FIDH calls on all ICC member states to publicly support these arrest warrants, particularly in light of the significant threats and imminent US sanctions that the Court currently faces. FIDH calls on Member States to cooperate fully with the ICC, in accordance with their obligations under the Rome Statute, to ensure that those responsible are promptly arrested, handed over to The Hague and fairly tried. FIDH recalls that the cooperation of States is essential to the proper functioning of the ICC. This aims to ensure that justice is done and that such crimes are not committed in the future. FIDH also urges all States to investigate and prosecute alleged perpetrators of international crimes, regardless of their position or affiliation, and to initiate proceedings under universal jurisdiction before their national courts where possible.
