The International Criminal Court (ICC) has rejected challenges by Israel and issued arrest warrants for Benjamin Netanyahu and Yoav Gallant.
To protect witnesses and to safeguard the conduct of the investigations the warrants are classified as secret, however the ICC released some information as ‘the alleged conduct in the warrants appears to be ongoing’.
The court also considered it in the interests of victims and their families to be made aware of the warrants.
The warrants were issued for war crimes and crimes against humanity committed from at least 8 October, 2023 and cover the period up until 20 May, 2024 the day the ICC Prosecutor filed the applications for warrants of arrest.
The Chamber ruled on two requests submitted by the Israel on 26 September 2024. In the first request, Israel challenged the Court’s jurisdiction over the Situation in the State of Palestine in general, and over Israeli nationals more specifically, on the basis of article 19(2) of the Statute. In the second request, Israel requested that the Chamber order the Prosecution to provide a new notification of the initiation of an investigation to its authorities under article 18(1) of the Statute.
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The court rejected Israel’s jurisdictional challenge in the matter on the basis of the territorial jurisdiction of Palestine, also states are not entitled to challenge the courts jurisdiction prior to the issue of arrest warrants.
The court also rejected Israel’s request that a new notification of investigation be issued – the prosecution previously notified Israel of an investigation in 2021 and “Israel elected not to pursue any request for deferral of the investigation”.
The ICC considers there are reasonable grounds to believe both Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity”.
The court also noted that allowing or increasing humanitarian assistance was often conditional with no clear military need or justification under international humanitarian law.
The Chamber also found reasonable grounds to believe that the abovementioned conduct deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds. It therefore found that the crime against humanity of persecution was committed.
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The issuing of the arrest warrants by the ICC obligates all signatories to the Rome Statue to arrest Netanyahu and Gallant if they enter their jurisdiction – Australia is a signatory to the Rome Statue.
Situation in the State of Palestine:#ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant. Learn more ⤵️ https://t.co/opHUjZG8BL
— Int'l Criminal Court (@IntlCrimCourt) November 21, 2024
Statement of ICC Prosecutor Karim A.A. Khan KC on the issuance of arrest warrants in the Situation in the State of Palestine: https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-issuance-arrest-warrants-situation-state-palestine
Reaction
Benjamin Netanyahu, Prime Minister of Israel:
The antisemitic decision of the International Criminal Court is a modern Dreyfus trial – and will end the same way.
— Prime Minister of Israel (@IsraeliPM) November 21, 2024
Israel utterly rejects the false and absurd charges of the International Criminal Court, a biased and discriminatory political body.https://t.co/slCeoZ4fbX
Isaac Herzog, President of Israel:
This is a dark day for justice. A dark day for humanity.
— יצחק הרצוג Isaac Herzog (@Isaac_Herzog) November 21, 2024
Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughing stock. It makes a mockery of the sacrifice of all those who fight for justice – from the Allied victory over…
Penny Wong, Australian Foreign Minister:
Australia respects the independence of the ICC and its important role in upholding international law.
— Senator Penny Wong (@SenatorWong) November 21, 2024
Australia is focused on working with countries that want peace to press for an urgently needed ceasefire. pic.twitter.com/SeHLuAk83Z
Fadi Mansour, US Pentagon spokesperson:
‘I’m not aware of a formal legal opinion… … We take it so seriously that we installed a maritime corridor … … We reject the Court’s decision, that doesn’t mean it had to go through a legal process’.
Lindsey Graham, US Senator:
I cannot emphasize enough my strong objection to what the ICC has done to the State of Israel.
— Lindsey Graham (@LindseyGrahamSC) November 21, 2024
The ICC is a rogue and politically motivated organization that is trampling on the very concept of the rule of law. I made it abundantly clear that I believe this entire process is an…
Netherlands says ready to act upon ICC arrest warrant for Israel’s Netanyahu: https://english.alarabiya.net/News/world/2024/11/21/netherlands-says-ready-to-act-upon-icc-arrest-warrant-for-israel-s-netanyahu-
French Foreign Ministry says France will implement the ICC's warrantshttps://t.co/X18hFB9jaI
— Haaretz.com (@haaretzcom) November 21, 2024
Marwan Bishara, Al Jazeera:
"The people of Gaza, after a year of unfolding genocide might be able to see their perpetrators stand or face justice."
— Al Jazeera English (@AJEnglish) November 21, 2024
Al Jazeera's senior political analyst @marwanbishara on the ICC's arrest warrants for Israeli PM Benjamin Netanyahu and former Defence Minister Yoav Gallant. pic.twitter.com/lh8ddfb0im
Francesca Albanese, UN Special Rapporteur oPt:
Breaking News: The ICC's Pre-Trial Chamber has just issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
— Francesca Albanese, UN Special Rapporteur oPt (@FranceskAlbs) November 21, 2024
As the int'l community braces for potential repercussions, we must work together to keep the flame of accountbility… https://t.co/Z8Qdutt0az
Nasser Mashni, Australia Palestine Advocacy Network:
More good news!!! https://t.co/81EwFOw3Hp
— Nasser Mashni (@iamthenas) November 21, 2024
BDS movement:
— BDS movement (@BDSmovement) November 21, 2024
Jeremy Corbyn MP:
The ICC’s arrest warrants are long overdue.
— Jeremy Corbyn (@jeremycorbyn) November 21, 2024
The Prime Minister & Foreign Secretary must immediately endorse this decision. That is the bare minimum.
Will the UK government now, finally, honour its international obligations to prevent genocide and end all arms sales to Israel?
Prof Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism:
A friendly reminder that under Australian law, it is a crime to pervert the course of justice at the International Criminal Court, including to "obstruct, prevent or defeat" justice: section 268.11 of the Commonwealth Criminal Code pic.twitter.com/T0dfI2kuG4
— Prof Ben Saul – UN SR Human Rights & Counterterror (@profbensaul) May 22, 2024
Jewish Federations of North America:
Jewish Federations of North America denounce ICC arrest warrants as "historically unjust"https://t.co/8Euz3Mo2Gt
— Haaretz.com (@haaretzcom) November 21, 2024
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