Judges at the International Criminal Court (ICC) have determined that there are reasonable grounds to believe that three individuals, including Israeli officials, bear “criminal responsibility” for alleged war crimes and crimes against humanity during the ongoing conflict in the region. This conclusion covers actions said to have occurred between October 8, 2023, and May 20, 2024, the latter being the date when the Prosecution filed for arrest warrants.
The Pre-Trial Chamber I of the ICC identified Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant as co-perpetrators of the war crime of starvation as a method of warfare and several crimes against humanity, including murder, persecution, and other inhumane acts. The court’s determination follows Israel’s unsuccessful attempts to challenge the ICC’s jurisdiction.
In a related case, a warrant has also been issued against Hamas military leader Mohammed Deif, who is accused of committing crimes against humanity and various war crimes. Despite claims that Deif was killed in an airstrike in Gaza last July, the ICC continues to investigate his status and the circumstances surrounding the reported incident.
The ICC has withdrawn warrant applications for two other Hamas leaders, Ismail Haniyeh and Yahya Sinwar, after their reported deaths.
The three issued arrest warrants remain classified as “secret” to protect potential witnesses and to ensure the integrity of ongoing investigations. The Chamber opted to disclose this information due to the ongoing violence and potential breaches of international law occurring in the Occupied Palestinian Territory, particularly in light of hostage situations.
ICC Prosecutor Karim Khan emphasized the importance of focusing on the victims of these international crimes, both in Israel and Palestine. He expressed that the law should serve to protect the rights of all individuals affected by these conflicts. Khan noted that the warrants were pursued based on an independent investigation and solid evidence.
He appealed to member states of the ICC to uphold their commitments under the Rome Statute and ensure compliance with these judicial orders, highlighting the necessity for accountability and the enforcement of international law.
The ICC serves as an independent judicial body, founded by the Rome Statute in 1998 and operational since 2002, with the purpose of addressing serious international crimes and ensuring accountability where national justice systems may fall short.
This situation highlights the complex dynamics of international law and justice in conflict zones. As investigations continue, there is a glimmer of hope that accountability will be pursued vigorously, which could lead to justice for victims and their families during an incredibly challenging time. It showcases the importance of upholding human rights and the rule of law in conflicts, reminding the global community of their responsibilities in supporting victims and fostering peace.