On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the prime minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Gaza war. [1] [2] The warrant against Netanyahu is the first against the leader of a Western-backed democratic country for war crimes. [3]
All 125 ICC member states, including France and the United Kingdom, are required to arrest Netanyahu and Gallant if they enter the state's territory. [4] The ICC also issued an arrest warrant for Hamas military commander Mohammed Deif, who was killed in an Israeli airstrike on 13 July 2024 but whose death remained unconfirmed at the time. [a] By January 2025 Hamas confirmed Deif's death, and a few weeks later the ICC cancelled the arrest warrant against him. [7] [8] Warrants may still be issued against additional Israeli senior IDF officers involved in the Gaza war. [9] [10]
The ICC was established in 2002 to prosecute war crimes, crimes against humanity, genocide, and the crime of aggression when member states are unwilling or unable to do so. It can also prosecute crimes committed by nationals or on territory of any of its 124 member states. It currently is also investigating crimes committed in Ukraine, Uganda, and others. The Palestinian territories were admitted as a member state in 2015, allowing for the investigation even though Israel is not a member and does not recognize its jurisdiction. [11]
All of the 124 member states of the ICC are obliged by their agreements to the courts founding statute to arrest and hand over any individual with an active ICC arrest warrant, if they are identified in their territory. The ICC does not have a way of directly implementing an arrest, with no authority over any police force. The ICC can sanction a non-cooperative member state. [12]
On 20 December 2019, ICC prosecutor Fatou Bensouda announced an investigation into war crimes allegedly committed in Palestine by members of the Israel Defense Forces or Hamas and other Palestinian armed groups since 13 June 2014. [13] [14] Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff. [15]
On 12 October 2023, ICC chief prosecutor Karim Khan stated that both war crimes committed by Palestinians on Israeli territory and by Israelis on Palestinian territory during the Gaza war would be within the jurisdiction of the ICC's Palestine investigation. [16] On 29 December 2023, South Africa filed a case against Israel at the International Court of Justice, alleging that Israel's conduct amounted to genocide. [17]
In late April 2024, ICC staff interviewed Palestinian hospital staff from the Gaza Strip about possible war crimes. [18] [19]
On 20 May 2024, Khan announced that he would file applications for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh and Israeli leaders Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant. [20] [21] [22] The request for a warrant against Haniyeh was withdrawn following his assassination on 31 July 2024, and the request for a warrant against Sinwar was withdrawn following his killing on 16 October 2024. [23] [24] The prosecutor stated that he was trying to confirm the alleged killing of Deif on 13 July 2024, in which case the warrant request would be withdrawn. [25] The warrant for Deif was cancelled in February 2025, a few weeks after Hamas confirmed his death. [7] [8]
On 21 November 2024, the ICC's Preliminary Chamber I's Judges Nicolas Guillou (Presiding, France), Reine Alapini-Gansou (Benin) and Beti Hohler (Slovenia) [26] issued arrest warrants under request from chief prosecutor Khan in regards to "the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza" [27] [28] for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif. [1]
Pre-Trial Chamber I stated that it found reasonable grounds that from " at least 8 October 2023 until at least 20 May 2024" Netanyahu and Gallant bear criminal responsibility "as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts" and "as civilian superiors for the war crime of intentionally directing an attack against the civilian population." [27] and that Deif bears direct and command responsibility "for the crimes against humanity of murder, extermination, torture, and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other form of sexual violence". It found reasonable grounds that "the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel". [24]
The Guardian reported on 28 April 2025 that Khan was preparing to seek arrest warrants for additional Israeli suspects, citing anonymous court officials familiar with the investigation. The report also claimed that ICC judges had issued a gag order forbidding Khan from publicly revealing that he had requested the warrants. [29] The gag order was allegedly requested by members of Khan's staff who felt that his public announcements of the prior warrants for Netanyahu and Gallant "deviated from standard practice and put pressure on judges reviewing the warrant requests". [30]
Prior to taking indefinite leave from the prosecutor's office in May 2025, Khan was reportedly preparing draft arrest warrants for Itamar Ben-Gvir and Bezalel Smotrich for their involvement in building illegal settlements. [31] [32] According to sources within the ICC, Khan had completed the warrant applications before taking his leave, but his deputies had not yet submitted them to the court. [33]
One of the key allegations was the "use of starvation as a weapon of war". [34] [35] [36] [37] [38] The use of starvation as weapon of war is banned by the United Nations. [39] Since then it has been used in both Gaza and Sudan. [40] In mid 2023 German government officials also accused Russia of using hunger as a weapon. [41] [42] Yoav Gallant made a public speech in early October 2023, shortly after the Hamas attacks on Israel that sparked the war, saying, "there will be no more electricity, no more food, no more fuel ... We are fighting against human animals and will behave accordingly." [43] [44] [45] A few weeks before that the arrest warrants were issued, there were also reports of looting occurring in areas controlled by the IDF. [46] [47]
In December 2024 and January 2025, the possibility of Netanyahu visiting Poland, party to the Rome Statute, on 27 January, the 80th anniversary of the liberation of Auschwitz concentration camp was discussed by Polish politicians. On 5 December 2024, Andrzej Szejna, the Deputy Minister of Foreign Affairs, stated at a Sejm sitting of the foreign affairs committee that Poland was obliged to cooperate with the ICC. He stated that heads of countries had no immunity in the ICC context. On 9 January 2025, Polish president Andrzej Duda requested the government led by Donald Tusk to protect Netanyahu from arrest were he to choose to attend the anniversary commemorations. [48] On the same day, the government published a resolution [49] stating that it would "guarantee the free and secure participation to the ceremony to the highest representatives of Israel" (Polish : zapewni wolny i bezpieczny dostęp i udział w tych obchodach najwyższym przedstawicielom Państwa Izrael). OKO.press commented that the government resolution did not name Netanyahu explicitly. [48] Prime Minister Donald Tusk stated his interpretation of the resolution to the media, according to which any Israeli representative who made the visit, whether it were "the prime minister" or another leader, would not be detained. [50]
An ICC spokesperson responded by stating that carrying out ICC decisions is obligatory to states parties towards both the ICC and to other states parties. The spokesperson stated that states with concerns about their obligations could consult with the ICC, but were not permitted to unilaterally determine the validity of the ICC's legal decisions. [51] Legal scholars Karolina Wierczyńska, Piotr Hofmański and Omer Bartov stated that Netanyahu would have to be arrested if he visited Poland. Member of the Sejm Tomasz Trela stated that Netanyahu would have to be "instantly" arrested the moment he crossed the Polish border. [48] Under Polish law, the Rome Statute is an international treaty obligation with legal priority above that of a Cabinet resolution. [52] The procedure for an ICC fugitive is defined in Chapter 66e of the Polish criminal procedure law associated with the Polish Penal Code. According to legal scholar Hanna Kuczyńska, if an ICC fugitive arrived in Poland at the Kraków international airport, then the Minister of Justice would have to request a prosecutor to order that the person be detained by the police and brought to the Kraków district court, which would decide on the fugitive's transfer to The Hague. The district court's decision would be strongly constrained by the Rome Statute. [52]
The International Centre of Justice for Palestinians sent letters to Polish authorities stating that it would "take immediate and robust legal action in Polish courts" if Polish legal obligations under the Rome Statute were not followed. It stated its view that "any attempt by the executive to pre-empt or obstruct judicial processes [would] represen[t] a serious breach of the rule of [Polish] law". [53]
Netanyahu arrived in Hungary on 3 April 2025. Hungarian Prime Minister Viktor Orbán had earlier invited Netanyahu to Hungary, shortly after the warrant was issued, stating the warrant would have "no effect" in Hungary. [54] Prior to the visit, Amnesty International stated that Hungarian authorities would be obliged to arrest Netanyahu and deliver him to the ICC if he carried out his visit. [55] The Hind Rajab Foundation (HRF) stated that it would call for injunctions to prevent Netanyahu flying through the airspace of European states parties to the Rome Statute and that it was coordinating with legal teams for Netanyahu to launch arrest procedures in case Netanyahu landed or passed through those states. HRF stated that it would request the Chief Prosecutor of Hungary to launch arrest procedures against Netanyahu according to Hungarian criminal law procedures that oblige Hungarian authorities to arrest ICC fugitives and transfer them to ICC custody. [56]
During Netanyahu's visit, Orbán announced that Hungary would withdraw from the ICC. Per the Rome Statute, Hungary would need to formally notify the UN Secretary General. The withdrawal would become effective withdraw a year later. Hungary's obligation to arrest Netanyahu was unaffected by Orbán's announcement. [54]
On 3 April, the ICJP submitted a formal complaint to the Hungarian Minister of Justice stating that the Hungarian authorities were obliged to arrest Netanyahu in line with Hungarian obligations as a state party to the Rome Statute, under Article 86 of the Statute requiring it to cooperate with the ICC. [57]
International law professor Eliav Lieblich of Tel-Aviv University characterised the decision as "the most dramatic legal development in Israel's history", referring to his view that all 124 States Parties to the Rome Statute, including "most of Israel's closest allies", were legally obliged to arrest Netanyahu and Gallant if they are present in their territories. [58] International law professors Matthias Goldmann and Kai Ambos said to Der Tagesspiegel that Germany was legally obliged to enforce the arrest warrants. [59]
US defense lawyer and professor Alan Dershowitz stated that the rule of law had been "disgraced" by the ICC's decision. He condemned the "false charges" and announced his intention to assemble a team of prominent lawyers to defend Israeli leaders in The Hague. [60] Canadian human rights advocate and former justice minister Irwin Cotler criticized ICC Prosecutor Karim Khan for his approach toward Israeli leaders, asserting that Khan violated principles of cooperation and complementarity by issuing arrest warrants for them while being lenient toward Venezuelan leader Nicolás Maduro. [61]
An article in the Journal of International Peacekeeping criticized the ICC for not including the crime against humanity of forced displacement among the charges against Israeli leaders. [62]
In 2024, ICC prosecutor Karim Khan faced allegations of sexual misconduct, [63] which he denied, calling them part of a smear campaign amid the Court’s investigations into Israel. [64] [65] In November, the ICC opened an external probe, [66] and Khan temporarily stepped aside in May 2025. [67]
Francesca Albanese, the UN special rapporteur on human rights in the occupied Palestinian territories, criticized countries that allowed Israeli Prime Minister Benjamin Netanyahu to fly through their airspace to the United States, saying they may have violated their obligations under international law. [68]
Prime Minister of Israel @IsraeliPMThe antisemitic decision of the International Criminal Court is a modern Dreyfus trial – and will end the same way.
Israel utterly rejects the false and absurd charges of the International Criminal Court, a biased and discriminatory political body.
21 November 2024 [69]
Following Israeli accusations about the neutrality of Judge Beti Hohler, the ICC responded that Hohler had no prior involvement in investigations related to Palestine while at the Office of the Prosecutor. Hohler added that she had "not accessed any documents, evidence, or secret files related to the matter." [73]
In their decision, the ICC judges said there were reasonable grounds to believe Netanyahu and Yoav Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza".
The court says it has reasonable grounds to believe that the two Israeli leaders are criminally responsible for the humanitarian crisis in Gaza. Among the allegations are the use of starvation as a weapon of war and crimes against humanity.
...looting of the convoys reflects the complete anarchy that prevails in Gaza due to the lack of any functioning civilian government. ... Defense officials confirmed that the IDF is aware of the problem. (the Israeli government) considered making the clans to which the armed men belong responsible for distributing aid to Gaza's residents, even though some of the clans' members are involved in terrorism, and some are even affiliated with extremist organizations like the Islamic State.