What are the key elements of the ICC arrest warrants against MM. Netanyahu, Gallant and Deif?
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The headquarters of the International Criminal Court (ICC) in The Hague in the Netherlands. This court has 900 employees from some 100 states. Six languages are spoken there: English, Arabic, Chinese, Spanish, French and Russian. The two working languages are English and French. (Archive photo)
Photo : Reuters / PIROSCHKA VAN DE WOUW
The period covered by these arrest warrants extends from October 8, 2023 (the day after the Hamas attacks on Israeli soil) to May 20, 2024, the date on which the prosecutor of the International Criminal Court (ICC), Karim Khan, filed his request.
The ICC claims to have good reason to believe that MM. Netanyahu and Gallant are criminally responsible
of the war crime of starvation as a method of warfare, as well as crimes against humanity of murder, persecution and others inhumane acts
. She adds that the two men also bear criminal responsibility as civilian leaders for the war crime of intentionally directing an attack against the civilian population
.
The Court considers that the alleged crimes against humanity are part of a widespread and systematic attack against the civilian population of Gaza
.
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Yoav Gallant and Benyamin Netanyahu, at the opening of the 25th session of parliament in Jerusalem, October 28, 2024. The former Minister of Defense and the Prime Minister of Israel are accused by the ICC of war crimes and are the subject of arrest warrants. (Archive photo)
Photo : pool/afp via getty images / DEBBIE HILL
The court considers it plausible that the two men intentionally caused lack of food, water, electricity and fuel, as well as specific medical supplies
in the Gaza Strip.
The ICC says it believes there was no no obvious military necessity or other justification under international humanitarian law
for restrictions on humanitarian aid.
Consequently, the ICC considers that MM. Netanyahu and Gallant must answer for the war crime of imposing starvation.
The lack of food, water, electricity and fuel, as well as specific medical supplies, has created living conditions calculated to lead to the destruction of part of Gaza's civilian population.
This situation led to the deaths of civilians, particularly children, from malnutrition and dehydration.
The ICC thus said it believed that the crime against humanity of murder was committed against these victims.
However, the judges were unable to determine that all the elements of the crime against humanity of extermination were present
as requested by Mr. Khan in his request.
By preventing the supply of medical equipment, including anesthetics, from entering Gaza, the two men are suspected of committingother inhumane acts
.
Doctors were forced to operate on the injured and carry out amputations, including on children, without anesthesia
the ICC said.
The Court affirms that the alleged actions of the two Israeli leaders deprived a significant portion of Gaza's civilian population of their basic rights, including the rights to life and health
.
The Gazan population would have been targeted for political reasons and/or national affiliation, said the Court, which concluded that the crime against humanity of persecution had been committed.
The court also issued an arrest warrant for the head of Hamas's armed wing, Mohammed Deif, specifying that the prosecutor was unable to determine whether he was still alive. According to Israel, Mohammed Deif was killed, which Hamas denied.
The ICC says it suspects Deif of crimes against humanity including murder, extermination, torture, rape and other forms of sexual violence.
The Court also said it believed he had committed the war crimes of murder, cruel treatment, torture, hostage-taking, outrages upon personal dignity, rape and other forms of sexual violence.
The multiple attacks of October 7, 2023 were part of a massacre of members of the civilian population
said the ICC, concluding that there was reasonable grounds to believe that the crime against humanity of extermination has been committed
.
Taking multiple hostages also constitutes a war crime, according to the ICC. The Court affirms that some hostages, mainly women, were subjected to sexual and gender-based violence, including forced penetration, forced nudity and humiliating and degrading treatment
.
Due to the treatment of the hostages, Mr. Deif is suspected of torture, rape and other sexual violence, cruel treatment and outrages upon personal dignity, the ICC said.
The Court concludes that Mr. Deif and other senior Hamas officials premeditated the October 7 attacks. As Hamas leader at the time, Mohammed Deif is responsible for the commission of these crimes
.
With information from AFP