The Pre-Trial Chamber I of the International Criminal Court (ICC) today unanimously rejected two jurisdictional challenges raised by Israel, clearing the way for the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. The Chamber ruled that the ICC has jurisdiction over alleged crimes committed in the State of Palestine, including the Gaza Strip and the West Bank.
In a landmark decision issued on 21 November 2024, the Chamber ruled against two separate requests made by Israel on 26 September 2024. The first request was to challenge the Court’s jurisdiction over the situation in Palestine, specifically targeting its ability to exercise authority over Israeli nationals. Israel also sought a new notification regarding the initiation of the investigation and requested to halt all ongoing proceedings, including the arrest warrant applications for Netanyahu and Gallant, initially submitted on 20 May 2024.
Chamber Rejects Israel’s Jurisdiction Challenges
The Chamber dismissed Israel’s primary argument that the ICC cannot exercise jurisdiction without Israel’s acceptance. It reaffirmed that the ICC’s jurisdiction in Palestine is based on the territorial jurisdiction of Palestine, which has been previously established by the Pre-Trial Chamber I. Additionally, the Chamber deemed Israel’s challenge to be premature under Article 19(2) of the Rome Statute, as jurisdictional challenges prior to the issuance of an arrest warrant are not allowed under the statute.
The Chamber also rejected Israel’s request under Article 18(1) of the Rome Statute, which called for a fresh notification regarding the ongoing investigation. The judges concluded that there was no need for additional notice as the parameters of the investigation had remained consistent since the initial notification in 2021. The Chamber emphasized that despite receiving the initial notification, Israel chose not to pursue any deferral request. Consequently, Israel’s argument to halt proceedings was dismissed.
Arrest Warrants Issued for Netanyahu and Gallant
The ICC has now officially issued warrants of arrest for Benjamin Netanyahu and Yoav Gallant, charging them with war crimes and crimes against humanity committed between 8 October 2023 and 20 May 2024. Specifically, the warrants pertain to the alleged war crime of starvation as a method of warfare, as well as the crimes against humanity of murder, persecution, and other inhumane acts.
Although the arrest warrants are classified as ‘secret’ to protect witnesses and preserve the integrity of ongoing investigations, the Chamber opted to disclose some information due to the ongoing nature of the alleged conduct and the public interest of victims. “The Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants’ existence,” the ICC said.
Netanyahu and Gallant Accused of Starvation and Attacks on Civilians
The Pre-Trial Chamber found reasonable grounds to believe that Netanyahu, born on 21 October 1949, and Gallant, born on 8 November 1958, each bear criminal responsibility for the war crime of starvation and crimes against humanity, including persecution and inhumane acts. The Chamber also found evidence suggesting their responsibility for directing attacks intentionally targeting the civilian population of Gaza.
According to the Chamber, the alleged actions deprived the civilian population of essential resources, including food, water, fuel, electricity, and medical supplies, from October 2023 to May 2024. Netanyahu and Gallant’s conduct is said to have impeded humanitarian aid in violation of international humanitarian law, exacerbating the humanitarian crisis in Gaza. “Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics… causing these persons extreme pain and suffering,” stated the Chamber, labeling such acts as crimes against humanity.
The Chamber concluded that these alleged actions, including the denial of access to adequate humanitarian relief, resulted in severe conditions of life calculated to lead to the destruction of part of Gaza’s civilian population, leading to deaths due to malnutrition and dehydration. Despite warnings and appeals by the United Nations and other international entities, Netanyahu and Gallant failed to alleviate the situation or allow adequate humanitarian aid, contributing to the death and suffering of civilians.
Background of the ICC’s Involvement
The ICC’s involvement in the situation in Palestine dates back to 2015, when the State of Palestine lodged a declaration under Article 12(3) of the Rome Statute, accepting the Court’s jurisdiction from 13 June 2014. The ICC’s jurisdiction was further confirmed on 5 February 2021, when the Pre-Trial Chamber I concluded that the territorial scope of the ICC’s jurisdiction extends to the Gaza Strip and the West Bank, including East Jerusalem.
On 3 March 2021, the ICC Prosecutor officially launched the investigation into alleged crimes in the situation in Palestine, following Palestine’s referral of the matter in 2018. Additional referrals from countries including South Africa, Bangladesh, and Chile followed, further emphasizing international concern regarding the situation.
War Crimes and Crimes Against Humanity in Gaza
The Chamber assessed that there were reasonable grounds to believe that Netanyahu and Gallant’s actions were part of a systematic attack against the civilian population in Gaza. This included knowingly depriving civilians of essential goods necessary for survival and intentionally targeting civilian areas. The Chamber specifically highlighted two incidents that qualified as intentional attacks against civilians, for which Netanyahu and Gallant bear criminal responsibility.
The ICC found that despite their positions of authority and the measures available to them, Netanyahu and Gallant failed to prevent or stop these alleged crimes. “Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so,” the Chamber noted.
The Chamber’s decision marks a significant escalation in the ICC’s involvement in the Israel-Palestine conflict, as it brings the top leadership of Israel under direct scrutiny for alleged international crimes. The warrants for Netanyahu and Gallant set a precedent for international accountability for actions during the ongoing conflict in Gaza and the broader occupied Palestinian territories.
International Repercussions
The issuance of arrest warrants for sitting leaders of Israel could have far-reaching diplomatic and geopolitical consequences. It is likely to add further strain to Israel’s relations with the ICC and the international community. While the ICC lacks direct enforcement powers, the warrants present potential diplomatic isolation and limit international travel for Netanyahu and Gallant, should countries choose to act on the warrants.
With the issuance of these warrants, the ICC has sent a clear message regarding accountability in the ongoing Israel-Palestine conflict, emphasizing the importance of adhering to international humanitarian law and ensuring justice for victims.