The International Criminal Court (ICC) has issued arrest warrants for both Israeli and Hamas leaders over allegations of war crimes.
The ICC named Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military chief Mohammed Deif.
The court also confirmed it had withdrawn arrest warrant applications for Hamas leaders Yahya Sinwar and Ismail Haniyeh, following confirmation of their deaths.
Here’s what you need to know.
The ICC
The ICC prosecutes allegations of crimes committed by individuals against civilians during wars, including genocide, torture, and sexual violence. It steps in when states are “unable or unwilling” to try these cases. It’s different to the International Court of Justice, which tries cases against states.
124 countries, including Australia, are members of the ICC, meaning they must arrest anyone within their borders with an active warrant.
Russian President Vladimir Putin currently has an active arrest warrant over alleged war crimes in Ukraine.
Claims against Israel
The ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. Gallant was fired from his role earlier this month.
Netanyahu and Gallant are accused of war crimes and crimes against humanity. These crimes include starvation of civilians “as a method of warfare,” and “intentionally directing an attack against the civilian population.”
They are accused of “intentionally and knowingly depriving” civilians in Gaza of “food, water, and medicine and medical supplies, as well as fuel and electricity”.
Claims against Hamas
The ICC also issued an arrest warrant for Mohammed Deif, the highest commander of Hamas’ military wing.
While it had been reported that Deif had been killed earlier this year, the ICC could not confirm his death.
Deif is accused of crimes against humanity including murder, rape and sexual violence, taking hostages, and torture.
He is also accused of the crime of extermination over the “mass killing of members of the civilian population” across “several separate locations”.
What next?
Israel isn’t a member of the ICC. This means the arrest warrant will have no effect within Israel’s borders.
However, if any of the leaders named in the arrest warrants enter an ICC member country, they could be arrested by the police in those member states. The ICC cannot force respective states to do this.
Australia and the UK are both member states of the ICC. The U.S. is not.
Response
Netanyahu called the ICC’s arrest warrants “an antisemitic decision”. He added: “The international court… invented in order to protect humanity has become today the enemy of humanity.”
U.S. President Joe Biden echoed Netanyahu’s comments, saying the request for warrants was “outrageous” and rejecting any “equivalence” between Israel and Hamas.
In a statement, Hamas said: “We call on the International Criminal Court to expand the scope of accountability to all criminal occupation leaders.”
