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International Criminal Court Issues Arrest Warrants for Netanyahu, Gallant, and Deif in Landmark Ruling
Edited by: Fern Sidman
In a move reverberating across global diplomatic and legal arenas, the International Criminal Court (ICC) on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Muhammad Deif, the elusive military chief of the Iranian backed terrorist organization, Hamas. According to a report in The New York Times, these warrants allege war crimes and crimes against humanity, marking a profound moment in the ongoing conflicts surrounding Gaza and Israel’s international relations.
This development underscores the heightened scrutiny facing Israel as it navigates its military operations in Gaza and broader geopolitical challenges. According to The New York Times report, the warrants include grave allegations such as the use of starvation as a weapon of war and the intentional targeting of civilians. These accusations, requested by ICC Chief Prosecutor Karim Khan in May, have been met with staunch denials from Israel and the United States.
The charges place Netanyahu and Gallant among a controversial cohort of global leaders targeted by the ICC. The NYT report noted comparisons to Russian President Vladimir V. Putin, who faces an arrest warrant over the invasion of Ukraine, and other autocrats like Muammar Gaddafi of Libya and Koudou Laurent Gbagbo of Ivory Coast.
The warrants are a significant diplomatic and legal complication for Israel’s leadership. Should Netanyahu or Gallant travel to any of the ICC’s 124 member nations, including most of Europe, they could face arrest, though this risk does not extend to non-member countries such as the United States.
The International Criminal Court today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and the country’s former Defense Minister Yoav Galant, who was ousted in early November. The court charged them with war crimes and crimes against humanity committed in the… https://t.co/8AhpbeRVED
— The Jewish Voice (@TJVNEWS) November 21, 2024
Israel’s leadership responded with immediate defiance. The following statement was released by the Israeli Prime Minister’s Office: “The 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.
No war is more just than the war Israel has been waging in Gaza since October 7th, 2023, when the Hamas terrorist organization launched a murderous assault and perpetrated the largest massacre against the Jewish people since the Holocaust.
The decision to issue an arrest warrant against the prime minister was made by a corrupt chief prosecutor who is trying to save himself from sexual harassment accusations and biased judges who are motivated by antisemitic hatred of Israel.
The ICC prosecutor lied when he told American senators that he would take no action until he had visited Israel and heard its side.
Instead, he canceled his arrival in Israel last May, several days after suspicions of sexual harassment were made against him, and announced his intention to issue arrest warrants against the prime minister and former defense minister.
No anti-Israel decision will prevent the State of Israel from defending its citizens.
Prime Minister Benjamin Netanyahu will not give in to pressure. He will continue to pursue all the objectives that Israel set out to achieve in its just war against Hamas and the Iranian axis of terror.”
Hamas, meanwhile, welcomed the warrants against Netanyahu and Gallant, interpreting them as a victory in the court of international justice. Senior Hamas official Izzat al-Rishq stated that the move vindicated their position, saying, “The truth that has been revealed is that international justice is with us and against” Israel. Notably, The NYT report indicated that Hamas did not address the parallel charges against its own military leader, Muhammad Deif, whom Israel claimed to have killed in an airstrike in July. The ICC, however, stated it could not confirm his death.
BREAKING: Incoming Senate Majority Leader @SenJohnThune condemns the ICC’s decision in a Senate floor speech.
“The ICC’s arrest warrant for Prime Minister Netanyahu and former Defense Minister Gallant is outrageous, unlawful, and dangerous.”
Follow the TJNEWS channel on… pic.twitter.com/Wx36blHBbP
— The Jewish Voice (@TJVNEWS) November 21, 2024
The ICC’s announcement comes amid intensifying international criticism of Israel’s military campaign in Gaza, which has reportedly resulted in over 44,000 Palestinian deaths, as per the Gazan Health Ministry. The report in the NYT highlighted that the figures from Gaza do not differentiate between civilians and combatants. Israel has maintained its operations comply with international law, emphasizing the need to defend its citizens against Hamas’s attacks.
Adding to the complexity, the ICC’s actions coincide with diplomatic efforts in the region. Amos Hochstein, a senior envoy for the Biden administration, was in Israel meeting with Netanyahu as part of U.S. efforts to negotiate a ceasefire between Israel and Hezbollah, a Lebanese terrorist group backed by Iran that has been engaging in hostilities with Israel in solidarity with Hamas.
This latest move by the ICC places Netanyahu and Gallant in a fraught historical context. As the NYT reported, the ICC’s pursuit of world leaders for alleged war crimes is relatively rare and often controversial. The court’s earlier warrants for figures like Gaddafi and Gbagbo led to prolonged diplomatic and legal disputes, highlighting the challenges of enforcing international justice in the face of political resistance.
The arrest warrants could also further strain Israel’s relations with European nations and amplify global debates over accountability in conflict zones. Simultaneously, they challenge the ICC’s ability to navigate accusations of bias and enforce its rulings, especially against leaders of nations with significant geopolitical influence.
Also on Thursday, The Jewish News Syndicate reported that Israeli President Isaac Herzog harshly criticized the International Criminal Court’s decision to issue arrest warrants against Netanyahu and Gallant for alleged war crimes.
“This is a dark day for justice. A dark day for humanity. Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughingstock. It makes a mockery of the sacrifice of all those who fight for justice—from the Allied victory over the Nazis until today,” said Herzog.
This is what Turkey does to 20 million Kurds every day.
No media coverage
No marches for Kurds
No protests
No UN condemnations
No ICC arrest warrants for Turks.
pic.twitter.com/bFR8jubNvh— Hemdad Mehristani (@Mehristani) November 21, 2024
“It ignores the plight of the 101 Israeli hostages held in brutal captivity by Hamas in Gaza. It ignores Hamas’s cynical use of its own people as human shields. It ignores the basic fact that Israel was barbarically attacked and has the duty and right to defend its people. It ignores the fact that Israel is a vibrant democracy, acting under international humanitarian law and going to great lengths to provide for the humanitarian needs of the civilian population,” continued the president.
“Indeed, the decision has chosen the side of terror and evil over democracy and freedom, and turned the very system of justice into a human shield for Hamas’s crimes against humanity.
“This cynical exploitation of the international legal institutions reminds us once again of the need for true moral clarity in the face of an Iranian empire of evil that seeks to destabilize our region and the world, and destroy the very institutions of the free world.”
According to the ICC, these three are not criminals.
This is why the ICC means nothing. pic.twitter.com/ouMcJoHYuf
— Kosher🎗🧡 (@koshercockney) November 21, 2024
The ICC announcement has also elicited a torrent of denunciations from a bevy of Israeli leaders, who see the move as an attack on Israel’s sovereignty and its right to self-defense. According to the JNS report, the ICC’s decision has further polarized international opinion on the court’s role and legitimacy.
Foreign Minister Gideon Sa’ar denounced the ICC, arguing that its actions undermine the court’s credibility and purpose. In remarks highlighted by JNS, Sa’ar described the ICC as a “political instrument” manipulated by “radical forces” aiming to destabilize peace in the Middle East. “The warrants are an attack on Israel’s right to defend itself,” he said, urging “all decent countries and people” to reject the court’s ruling.
Speaker of the Knesset Amir Ohana echoed these sentiments, framing the warrants as an assault on Israel’s democratic principles and the universal right to self-defense. JNS reported that Ohana called the decision “an assault on justice, truth, and democracy,” stressing Israel’s unique status as the Middle East’s sole democracy and the world’s only Jewish state.
Notably, the ICC decision has drawn sharp criticism even from opposition figures, many of whom are typically harsh critics of Netanyahu’s policies. Opposition Leader Yair Lapid condemned the court’s actions, stating that the warrants reward terrorism. “Israel is defending its existence from terrorist groups that attacked, murdered, and raped our citizens. These arrest warrants are a prize for terrorism,” Lapid declared in a tweet, according to the information provided in the JNS report.
Former Prime Minister Naftali Bennett, a critic of Netanyahu, voiced similar outrage, describing the ICC’s ruling as a mark of disgrace. “Israel is fighting … the most just of wars against pure evil,” he wrote. Indicated in the JNS report was that Bennett emphasized that Israelis across political divides stand united in support of the military campaign against Hamas.
Benny Gantz, a prominent opposition figure, labeled the ICC’s decision as “moral blindness” and a “shameful stain of historic proportions.” Meanwhile, JNS also reported that Yair Golan, leader of the left-leaning Democrats Party, called the ruling “shameful” and reiterated that Israel will always have the right to defend itself from its enemies.
Some officials have advocated bold countermeasures in response to the ICC’s decision. As per the information contained in the JNS report, National Security Minister Itamar Ben-Gvir proposed a sweeping policy shift, urging Israel to annex “all the territories of Judea and Samaria,” expand settlements across the country, sever ties with the Palestinian Authority, and impose sanctions on it. Transportation Minister Miri Regev went further, describing the ICC’s actions as “modern antisemitism disguised as justice.”
Education Minister Yoav Kisch reinforced Israel’s resolve, stating that the ICC’s decision would not deter the country from achieving a decisive military victory. “The decision will not deter us or the State of Israel from striking its enemies without hesitation until a total victory is achieved,” he wrote, as reported by JNS.
In a statement sent to the media, Ambassador Ofir Akunis, Consul General of Israel in New York, stated: “This is a disgraceful step by the ICC, which has once again failed to distinguish between a lawful and democratic state and the world’s most brutal terrorist organizations. The court’s decision will have only one result: emboldening terrorist groups everywhere, and strengthening Iran’s axis of evil at a time when it is threatening the entire free world. I call on the international community to draw a clear line, and state clearly that they will not adhere to these political theatrics.”
Also weighing on the ICC announcement was the American Jewish Congress who said in a statement that they “strongly condemn and outright reject the motivations behind the International Criminal Court’s (ICC) issuance of egregious arrest warrants targeting the Israeli Prime Minister and the former Minister of Defense. These arrest warrants are a result of a clear anti-Israel bias and amount to politically motivated interference in Israel’s efforts to fight back against terror and disregard both Israel’s judicial sovereignty and its right to protect its citizens.
The ICC’s decision sends a dangerous and unacceptable message: that defending innocent civilians from terrorism or responding to entities committed to destroying your state is somehow a criminal act. This undermines the very principles of justice and accountability that the ICC claims to uphold and on which it was founded—all this while more than 100 innocent civilians continue to be held hostage in inhumane conditions by Hamas terrorists.
By targeting the victims of terror just like the perpetrators, the Court is effectively creating a false and morally repugnant sense of equivalency between the defensive actions of Israel and the indiscriminate rape, mutilation, and killings of Israeli civilians by Hamas, abandoning any pretense of accountability and justice.
The arrest warrants are an affront against a democratic nation defending its people from the relentless brutality of Hamas in the aftermath of the October 7 terror attack, the worst massacre of Jews since the Holocaust. Israel, a sovereign democratic state, operates under one of the most robust legal systems in the world, capable of investigating and addressing any allegations of wrongdoing, as it has proven in past instances.
The American Jewish Congress calls on democratic nations worldwide to unequivocally reject the ICC’s overreach and deeply biased assessment, and to stand firmly with Israel in this critical moment.”
The ICC’s actions have profound implications for Israel’s leaders and its relations with the international community. According to the report on the JNS website, the ICC is not affiliated with the United Nations but operates independently as an international tribunal. However, its rulings are binding on member states, including many European Union countries, which would be obligated to enforce arrest warrants against Netanyahu or Gallant if they travel abroad.
The United States, like Israel, is not a signatory to the ICC charter and thus does not recognize its jurisdiction. Nevertheless, the court’s decisions highlight the growing tensions between Israel and parts of the international community, particularly regarding accountability in the ongoing conflict in Gaza.
The ICC’s move has drawn sharp lines between supporters and critics of the court’s actions. As JNS reported, while some view the warrants as a step toward accountability in conflict zones, Israeli leaders see them as an unjust attack on a nation defending itself from terror. Across the political spectrum, the ruling has been met with a united front, signaling that Israel’s leaders—despite their internal divisions—will not waver in defending the country’s military operations and sovereignty.
In the coming months, the implications of the ICC’s decision are likely to ripple across diplomatic and legal forums, as Israel and its allies confront the challenges posed by an international judicial body increasingly willing to take on politically charged cases.