ICC arrest warrants for Israeli prime minister, his former defense minister and Hamas leader

The International Criminal Court has officially issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant for war crimes and crimes against humanity committed in the occupied Gaza Strip. An arrest warrant was also issued against the head of the armed wing of Hamas, Mohammed Deïf for crimes against humanity and war crimes committed from October 7, 2023.

This is a major decision which reminds us that no one is above international law, which must now be applied.

No one is above the law. Neither government officials, elected or not. Nor the leaders of armed groups. No one is above the law.

Agnès Callamard, Secretary General of Amnesty International

Benjamin Netanyahu is now officially a wanted man. Following his indictment, as well as that of Yoav Gallant and Mohammed al-Masri, better known as Mohammed Deïf, the member states of the International Criminal Court and the entire international community must put everything in place works to ensure that these people are judged. There can be no safe haven for those suspected of having committed war crimes and crimes against humanity.

By issuing these arrest warrants, the ICC finally brings real hope of justice to countless victims of crimes under international law and restores confidence in the universal value of international legal instruments and justice. It is now up to the 124 member states of the ICC – including France – to decide whether to execute the arrest warrants, if Benjamin Netanyahu, Yoav Gallant, Mohammed Deif go to their territory.

Our requests

All ICC member states and non-parties, including the United States and other allies of Israel, must:

Demonstrate their respect for the Court's decision and the universal principles of international law, by arresting and handing over those wanted by the ICC

Bring to justice the alleged perpetrators of war crimes charges that violate the Geneva Conventions

The ICC, an institution responsible for judging the most serious crimes

The International Criminal Court, officially created in 2002, is the first permanent international criminal jurisdiction. Its goal: to put an end to impunity for the perpetrators of the most serious crimes throughout the world.

Read also: Six things to know about the International Criminal Court

Concretely, States having ratified the statute of the International Criminal Court – 124 countries to date – have the obligation to arrest on their soil the individuals targeted by an arrest warrant. A state traditionally judges crimes that are committed on its territory. But when it comes to international crimes such as war crimes, crimes against humanity or genocide, universal jurisdiction applies.

Read also: Understanding the mechanism of universal jurisdiction

Israel also in the crosshairs of the International Court of Justice

The decision of the International Criminal Court (ICC), competent to judge individuals, comes 11 months after an important decision by the International Court of Justice (ICJ) – which judges States. On January 26, the International Court of Justice (ICJ) called on Israel to prevent possible acts of “genocide” and to “take immediate measures” to enable the provision of “humanitarian aid to the civilian population of Gaza.” The ICJ had previously been seized by South Africa.

Read also: Risk of genocide in Gaza: what you need to know about the decision of the International Court of Justice

Find out more: What is the International Court of Justice (ICJ)?

An outburst of violence since October 7

The issuance of these arrest warrants comes nearly five months after ICC prosecutor Karim Khan's requisitions against the Israeli leader and Hamas leaders. Since October 7, 2023, the escalation of violence between Israel, Hamas and other Palestinian armed groups has marked a new dramatic turning point in the region. With each passing day, the number of people killed and injured only increases.