In response to the news that the International Criminal Court (ICC) had issued arrest warrants for war crimes and crimes against humanity against Benjamin Netanyahu, Prime Minister of Israel, Yoav Gallant, former Israeli Minister of Justice Defense, and Mohammed Diab Ibrahim Al Masri, alias Mohammed Deif, commander of the Ezzedine al Qassam brigades (in the absence of confirmation of his supposed death), Amnesty International Secretary General Agnès Callamard said:
“International justice is finally catching up with those presumed responsible for war crimes and crimes against humanity committed in Palestine and Israel. The arrest warrants issued on November 21, 2024 represent a historic step forward for justice and must mark the beginning of the end of the persistent and widespread impunity that is at the heart of the human rights crisis in Israel and the Occupied Palestinian Territory .
“Israeli Prime Minister Benjamin Netanyahu is now officially a wanted man. Following his indictment, as well as those of Yoav Gallant and Mohammed Al Masri, better known as Mohammed Deif, the member states of the ICC and the international community as a whole must do everything possible to ensure that these individuals appear before the courts. independent and impartial judges of the ICC. There can be no “safe haven” for people suspected of having committed war crimes and crimes against humanity.
“The arrest warrants issued on November 21, 2024 represent a historic step forward for justice and must mark the beginning of the end of the persistent and widespread impunity that is at the heart of the human rights crisis in Israel and the Palestinian Territory busy.” – Agnès Callamard, Secretary General of Amnesty International
“By issuing these arrest warrants, the ICC also finally brings real hope of justice to the countless victims of crimes under international law and restores a certain confidence in the universal value of international legal instruments and international justice.
“We now call on all member states of the ICC, as well as non-member countries such as the United States and other allies of Israel, to show their respect for this decision of the Court and the universal principles of international law by arresting people wanted by the ICC and handing them over to it.
“Holding senior officials accountable for their long list of crimes is a crucial step in ending ongoing rights violations in Israel and the Occupied Palestinian Territory, and could help address the dispossession and oppression that continues Palestinians are victims under Israel's illegal occupation and apartheid regime. »
The arrest warrants issued against Benjamin Netanyahu and Yoav Gallant unequivocally contain charges of war crimes constituting “serious violations” of the Geneva Conventions. Every State on the planet has the obligation to bring to justice those suspected of such “serious violations”, regardless of the nationality of the perpetrator or victim.
Additional information
On November 21, 2024, Pre-Trial Chamber I of the ICC unanimously issued two decisions rejecting the State of Israel's appeals under Articles 18 and 19 of the Rome Statute, and issued arrest warrants against Benjamin Netanyahu and Yoav Gallant, accused of, among other things, the war crimes of starving civilians as a method of warfare and intentionally directing an attack against the civilian population, as well as crimes against humanity of murder, persecution and other inhumane acts. This same Chamber also issued an arrest warrant against Mohammed Diab Ibrahim Al Masri (Deif) for crimes committed since October 7, 2023, including crimes against humanity of murder, torture, rape and other forms of sexual violence, as well as the war crimes of murder, attacks intentionally directed against the civilian population, hostage-taking, rape and other forms of sexual violence, cruel treatment and attacks on the dignity of the person. The arrest warrants for Benjamin Netanyahu and Yoav Gallant relate to crimes committed between at least October 8, 2023 and at least May 20, 2024, the date on which the ICC Prosecutor's Office filed the arrest warrant requests. After confirming the deaths of Yahya Sinwar and Ismail Haniyeh, the Chamber canceled the requests for arrest warrants against these two men. Regarding Mohammed Deif, she indicated that she was currently unable to determine whether he had been killed or whether he was still alive.
On May 20, 2024, the ICC Prosecutor filed requests for arrest warrants before the Pre-Trial Chamber against the following individuals: Yahya Sinwar, Mohammed Diab Ibrahim Al Masri (Deif) and Ismail Haniyeh for war crimes and crimes against humanity allegedly committed in the territory of Israel and that of the State of Palestine (in the Gaza Strip) since at least October 7, 2023; Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against humanity allegedly committed in the territory of the State of Palestine (in the Gaza Strip) since at least October 8, 2023.
On March 3, 2021, the ICC prosecutor announced the opening of an investigation into the situation in the State of Palestine. This announcement followed the decision of Pre-Trial Chamber I of the ICC, which ruled on February 5, 2021 that the Court could exercise its criminal jurisdiction over this situation and that the territorial scope of this jurisdiction extended to the Gaza Strip. and the West Bank, including East Jerusalem.
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