ICC Issues Arrest Warrant for Israeli Prime Minister Benjamin Netanyahu
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The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence secretary Yoav Gallant by the International Criminal Court (ICC).
According to the ICC statement, the warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant are for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest.
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Another warrant was issued for the arrest of Hamas leader Mohammed Diab Ibrahim al Masri for war crimes and crimes against humanity. The warrants are for alleged war crimes and crimes against humanity related to the war in Gaza that Israel launched following the 7 October attacks by Hamas.
The Pre-Trial Chamber I of the International Criminal Court decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing. Moreover, the Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants’ existence.
At the outset, the Chamber considered that the alleged conduct of Mr Netanyahu and Mr Gallant falls within the jurisdiction of the Court. The Chamber recalled that, in a previous composition, it already decided that the Court’s jurisdiction in the situation extended to Gaza and the West Bank, including East Jerusalem. Furthermore, the Chamber declined to use its discretionary proprio motu powers to determine the admissibility of the two cases at this stage. This is without prejudice to any determination as to the jurisdiction and admissibility of the cases at a later stage.
With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes 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.
The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.