The International Criminal Court on Thursday issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his former Defense Minister Yoav Gallant and the head of Hamas’s armed wing Mohammed Deif.
• Also read: “War crime”: arrest warrants against Benjamin Netanyahu and Yoav Gallant
Here are the key elements of these mandates, which Mr. Netanyahu immediately described as “anti-Semitic”, “absurd” and which he said he rejected with “disgust”.
– The arrest warrants cover the period between October 8, 2023, the day after Hamas’ attacks on Israel, and at least until May 20, 2024, when ICC Prosecutor Karim Khan filed his request.
– The ICC said it believed Netanyahu and Gallant were “criminally responsible” for the war crime of starvation as a method of warfare, as well as crimes against humanity of murder, persecution and other “inhumane acts.”
– The ICC said 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 found that the alleged crimes against humanity were part of a “widespread and systematic attack against the civilian population of Gaza.”
– The court considers it plausible that the two men intentionally caused “the lack of food, water, electricity and fuel, as well as specific medical supplies” in the Gaza Strip.
Crimes against humanity
– The ICC says it believes there was “no obvious military necessity or other justification under international humanitarian law” for the restrictions on humanitarian aid.
– Consequently, the ICC considered that MM. Netanyahu and Gallant were to 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,” said the ICC.
– This situation led to the death of civilians, particularly children, from malnutrition and dehydration.
– The ICC has thus said it believes that the crime against humanity of murder was committed against these victims.
War crimes
– However, the judges “could not 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 committing “other inhumane acts.”
– “Doctors were forced to operate on the injured and carry out amputations, including on children, without anesthesia,” the ICC said.
– The Court declared that the alleged actions of the two Israeli leaders “deprived a significant part of the civilian population of Gaza of their fundamental rights, including the rights to life and health.”
– The Gazan population would have been targeted for political reasons and/or national affiliation, estimated the Court, which concluded that the crime against humanity of persecution was committed.
– The Court also issued an arrest warrant for Hamas armed wing leader Mohammed Deif, specifying that the prosecutor was unable to determine whether he was still alive.
“Inhuman acts”
– According to Israel, Mohammed Deif was killed, which Hamas denied.
– The ICC said it had reason to suspect Deif of crimes against humanity including murder, extermination, torture, rape and other forms of sexual violence.
– The Court also said it believed that 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 were “reasonable grounds to believe that the crime against “extermination of humanity has been committed.”
– Taking several hostages also constitutes a war crime, according to the ICC.
– The Court declared 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 concluded that Mr. Deif, along with other senior Hamas officials, had premeditated the October 7 attacks. As Hamas leader at the time, Mohammed Deif “is responsible for the commission of these crimes.”
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