Responding to the news that the International Criminal Court (ICC) has issued arrest warrants against Benjamin Netanyahu, Prime Minister of Israel; Yoav Gallant, former Israeli Minister of Defence and al-Qassam brigades commander Mohammed Diab Ibrahim Al-Masri , known as Deif, (in the absence of confirmation of his reported death), for charges of war crimes and crimes against humanity, Amnesty International’s Secretary General Agnès Callamard said:
“The wheels of international justice have finally caught up with those who are alleged to be responsible for war crimes and crimes against humanity committed in Palestine and Israel. Today’s arrest warrants represent a historic breakthrough for justice and must signal the beginning of the end of the persistent and pervasive impunity at the heart of the human rights crisis in Israel and the Occupied Palestinian Territory.
“Prime Minister Netanyahu is now officially a wanted man. Following his indictment, as well as the indictments of Gallant and Mohammed al-Masri, commonly known as Mohammed Deif, ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges. There can be no ‘safe haven’ for those alleged to have committed war crimes and crimes against humanity.
“Today’s arrest warrants represent a historic breakthrough for justice and must signal the beginning of the end of the persistent and pervasive impunity at the heart of the human rights crisis in Israel and the Occupied Palestinian Territory” – Amnesty International’s Secretary General Agnès Callamard
“By issuing these arrest warrants the ICC is also at long last bringing real hope for justice to countless victims of crimes under international law and restoring some faith in the universal value of international legal instruments and justice.
“Now, we urge all ICC member states, and non-states parties including the United States and other allies of Israel, to demonstrate their respect for the court’s decision and for universal international law principles, by arresting and handing over those wanted by the ICC.
“Holding senior officials accountable for their litany of crimes is a crucial step towards ending continuing violations of rights in Israel and the OPT and would help address the continued dispossession and oppression of Palestinians under Israel’s unlawful occupation and system of apartheid.”
The ICC’s arrest warrants for Netanyahu and Gallant unequivocally include charges of war crimes which amount to ‘grave breaches’ of the Geneva Conventions. Every state in the world is under an obligation to bring to justice those alleged to have committed such ‘grave breaches’, no matter the nationality of the perpetrator or the victim.
Background
On 21 November 2024, ICC Pre-Trial Chamber I, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel’) brought under articles 18 and 19 of the Rome Statute (the ‘Statute’) and issued warrants of arrest for Benjamin Netanyahu and Yoav Gallant, for charges including the war crimes of starvation as a method of warfare and intentionally directing an attack against the civilian population; and the crimes against humanity of murder, persecution, and other inhumane acts. The same Chamber also issued an arrest warrant for Mohammed Diab Ibrahim Al-Masri (Deif) on charges since 7 October 2023, including the crimes against humanity of murder, torture, rape and other forms of sexual violence and war crimes of murder, intentionally directing attacks against civilians, hostage taking, rape and other forms of sexual violence, cruel treatment, and outrages upon personal dignity. The arrest warrants against Netanyahu and Gallant concern 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. Following confirmation of the deaths of Yahya Sinwar and Ismail Haniyeh, the Chamber granted the withdrawal of the applications for arrest warrants against them. With respect to Deif, the Chamber has noted that it is not currently in a position to determine whether Deif has been killed or remains alive.
On 20 May 2024, the ICC Prosecutor filed applications for warrants of arrest before Pre-Trial Chamber, concerning: Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), and Ismail Haniyeh for war crimes and crimes against humanity allegedly committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023 and; Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against humanity allegedly committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023.
On 3 March 2021, the ICC Prosecutor had announced the opening of an investigation into the Situation in the State of Palestine. This followed ICC Pre-Trial Chamber I’s decision on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem.
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