The Hague, 21 November 2024. The issuance by the ICC of arrest warrants against Benjamin Netanyahu, Yoav Gallant and Mohammed Deif marks a turning point for justice and international law. Israel’s previous jurisdictional challenges have all been rejected by the Pre-Trial Chamber n°I, and in their careful assessment of the evidence submitted, ICC judges have determined that there are “reasonable grounds” to hold the three men to account for war crimes and crimes against humanity.
“These decisions by ICC judges send a powerful message that impunity for war crimes and crimes against humanity cannot be tolerated“, said Alice Mogwe, President of FIDH. “Several countries have already declared that they will execute the arrest warrants and arrest Prime Minister Netanyahu if he arrives on their territory. All States Parties to the ICC must commit to this. It’s a question of respecting decisions of independent international judges and respecting the international justice system. These are fundamental ways in which we can put an end to impunity“.
Danya Chaikel, FIDH Representative to the ICC, emphasized the significance of these landmark warrants: “This is exactly what the ICC was created to do—hold perpetrators of the most serious international crimes accountable, regardless of how powerful they are. The Court is showing its willingness to confront cases involving Western-backed officials, sending a clear message to Israel’s closest allies, including the United States, who has reinforced the false narrative of normalcy around Israel’s actions and actively opposed the ICC’s jurisdiction in these cases. This watershed moment demonstrates that the international justice system can tackle even the most politically charged issues to ensure truth and accountability. All third States must now act responsibly and end their complicity in the atrocities in Gaza.“
Senior Hamas military commander Mohammed Diab Ibrahim Al-Masri, a.k.a “Deif“, is accused of international crimes perpetrated on 7 October, the day approximately 1,200 Israelis were killed and 251 were taken hostage. He stands accused to have committed the crimes against humanity of murder, extermination, torture, rape and other form of sexual violence, as well as the war crimes of murder, torture, hostage-taking, among other crimes.
In Gaza over a year later, at least 43,972 people, including 17,492 children have been killed by the relentless attacks and invasion of the Israeli army. For this horrendous toll, and the continuance of those crimes, Israel’s Prime Minister Benjamin Netanyahu and his former Minister of Defence Yoav Gallant are accused of committing the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts. All of these crimes carry the possibility of a life sentence.
“The horrors witnessed in Gaza for over a year are untenable. In truth, these warrants come as a relief. They represent a fundamental principle of international criminal justice—that no one is above the law“, said Maryse Artiguelong, Vice President of FIDH and of its French member organisation, the Ligue des droits de l’Homme (LDH) “It demonstrates the ICC’s crucial role in holding perpetrators accountable, regardless of who they are. It reinforces the rule of law, demonstrating that grave atrocities will not go unpunished. The LDH will ensure that the French government implements the decision if the opportunity arises.“
For Clémence Becarte, lawyer and Coordinator of FIDH’s Litigation Action Group: “Beyond their legal meaning, these arrest warrants highlight the urgency of ending this war immediately, as it is the only way to stop the ongoing crimes against humanity, and war crimes being perpetrated.“
FIDH calls on all ICC member states to publicly support these arrest warrants, particularly in light of the significant threats and looming US sanctions the Court currently faces in connection with the issuance of these and other arrest warrants. FIDH asks member states to fully cooperate with the ICC in accordance with their Rome Statue obligations to ensure that those responsible are swiftly arrested, surrendered to The Hague, and fairly tried.
FIDH emphasizes that state cooperation is essential to support and enable the ICC’s operations, ensure that justice is served, and prevent similar atrocities in the future. FIDH also urges all states to investigate and prosecute alleged perpetrators of mass atrocities regardless of their position or affiliation, and to initiate universal jurisdiction proceedings in their domestic jurisdictions where possible.
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