The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif, accusing them of war crimes in Gaza. This development represents a significant moment in the international legal response to a conflict that has claimed tens of thousands of lives and displaced millions.

Mohammed Deif, a long-standing and elusive figure within Hamas, was instrumental in orchestrating the October 7, 2023 assault on southern Israel. The attack killed over 1,200 people and resulted in the abduction of 250 hostages, triggering Israel’s extensive military campaign in Gaza.

The ICC’s arrest warrants for Netanyahu and Gallant mark a pivotal moment in addressing accountability for war crimes in Gaza.

Deif’s death in an Israeli airstrike on July 13, 2024, marked the end of his decades-long evasion of Israeli forces but came too late to prevent the escalation of violence following the October assault.

After months of deliberation and rejecting multiple objections from Israel and its allies, the ICC announced its decision to issue arrest warrants. ICC Chief Prosecutor Karim Khan had signaled in May 2024 his intention to pursue charges against Israeli leaders and senior Hamas figures, including Yahya Sinwar and Ismail Haniyeh, who have since been killed.

The ICC’s statement confirmed that it “unanimously issued two decisions rejecting challenges by the State of Israel under articles 18 and 19 of the Rome Statute.” Netanyahu and Gallant stand accused of orchestrating a “widespread and systematic attack on the civilian population of Gaza.” These alleged actions include the deliberate deprivation of essential goods—food, water, fuel, and medical supplies—constituting crimes against humanity and the use of hunger as a weapon of war.

The Israeli government has strongly condemned the ICC’s actions. President Isaac Herzog described the arrest warrants as a “ridiculous decision,” while former Prime Minister Naftali Bennett labelled it a “shame” for the court. Opposition leader Yair Lapid characterized the move as a “reward for terrorism.”

Mohammed Deif’s orchestration of the October 7 assault on Israel has intensified scrutiny of both Israeli and Hamas actions.

Both Netanyahu and Gallant have denied the allegations, asserting that their military actions were necessary to neutralize Hamas and protect Israeli civilians.

The ICC’s decision has drawn sharp reactions globally, highlighting divisions in the international community regarding accountability in the Israel-Palestine conflict. Human rights organizations have consistently accused both Israel and Hamas of violating international law during their protracted hostilities.

For supporters, the ICC’s actions are a long-overdue step toward justice for victims. Husam Zomlot, the Palestinian ambassador to the UK, hailed the decision as a milestone for accountability. “The ICC arrest warrants against Netanyahu and Gallant are not only a step toward justice in Palestine but also a step to restore the credibility of the rules-based international order and its judicial system,” he said. Zomlot emphasized the need for all nations committed to human rights to act on the warrants.

The European Union has backed the ICC’s decision. Josep Borrell Fontanelles, the EU’s top diplomat, stated, “The decision of the court must be respected and enforced. This is a binding obligation for all state parties to the ICC, including every member of the European Union.”

As legal and diplomatic efforts continue, the humanitarian crisis in Gaza remains dire. On Thursday, 21st November 2024, Gaza’s Ministry of Health reported a staggering death toll of 44,056 since October 7, 2023, due to Israeli military operations.

Israel’s government has vehemently condemned the ICC’s actions, framing them as politically motivated and detrimental to peace efforts.

Health officials estimate that over half of those killed were women and children, though the figures do not differentiate between civilians and combatants.

Israel claims to have killed at least 17,000 Hamas militants but has not provided evidence to substantiate this number. The ongoing violence has exacerbated the suffering of millions in Gaza, where access to necessities remains critically limited.

The Israel-Palestine conflict, rooted in decades of political, social, and religious strife, continues to resist resolution. The ICC’s arrest warrants highlight the complexities of seeking justice in such a deeply entrenched conflict. While some view the ICC’s decision as a beacon of hope for accountability and peace, others warn of its potential to inflame tensions and derail any prospects for reconciliation. For the millions affected by the violence, the path to justice remains fraught with uncertainty.

Disclaimer: The opinions expressed in this article are solely those of the author. They do not represent the views, beliefs, or policies of the Stratheia.