Iran (IMNA) - The ICC stated there are "reasonable grounds to believe" that both leaders were involved in actions constituting war crimes under its jurisdiction.
Israel, which is not a member of the ICC, has consistently rejected the court’s authority. The ongoing conflict has resulted in over 44,000 Palestinian deaths and more than 104,000 injuries in Gaza over the past year, prompting accusations of a genocidal campaign.
The issuance of these warrants implies that a trial will follow if the arrests are made. However, the ICC does not have the authority to conduct trials “in absentia,” meaning no proceedings can occur until both leaders are in custody.
The International Criminal Court's (ICC) Pre-Trial Chamber I has rejected Israel's appeals challenging its jurisdiction, stating that "conduct similar to that addressed in the warrant of arrest appears to be ongoing," in reference to Israel's continued military actions in Gaza. The chamber determined that Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant "each bear criminal responsibility" for "the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts," as well as for "intentionally directing an attack against the civilian population."
All 124 states that are parties to the Rome Statute, which established the ICC, are now obligated to arrest the individuals named in the warrants and surrender them to the court in The Hague. The Netherlands' foreign minister has indicated that his country is prepared to enforce these warrants, with 93 nations reaffirming their support for the ICC.
Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, hailed the warrants as "a historic decision," noting that the court acted despite facing "pressure and threats of sanctions" from the U.S. government. In contrast, Israeli officials, including Security Minister Itamar Ben Gvir, have dismissed the rulings as "anti-Semitic through and through."
It is important to note that both Israel and its key ally, the United States, are not members of the ICC. Since launching its military operations on October 7, 2023, Israel has reportedly killed at least 43,985 Palestinians, primarily women and children, and injured over 104,000 others according to Gaza's Health Ministry. Additionally, Israel is currently facing a genocide case at the International Court of Justice (ICJ) led by South Africa.
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