Why the ICC Issued Arrest Warrants for Israeli and Hamas Leaders

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The International Criminal Court said there were grounds to hold two Israeli leaders responsible for the crisis in Gaza, and a Hamas military leader for crimes against humanity.

The exterior of the International Criminal Court, in The Hague, Netherlands, in September.Credit...Peter Dejong/Associated Press

Aaron Boxerman

  • Nov. 21, 2024Updated 11:47 a.m. ET

The International Criminal Court’s arrest warrants for two Israeli leaders say that there are grounds to believe they bear “criminal responsibility” for the devastating humanitarian crisis in Gaza, according to a statement released by the court on Thursday.

Most of Gaza’s over two million people are still displaced — many living in tents — and finding enough food and clean water is often a daily struggle. Israeli officials, who ordered the invasion of Gaza after the Hamas-led Oct. 7 attacks, say their aim is to eradicate the armed group. They have argued for months that they are doing everything possible to facilitate the flow of food and other desperately needed supplies to Palestinian civilians.

The text of the warrants was kept secret to protect witnesses, the court said in its statement, but the judges released some details “since conduct similar to that addressed in the warrant of arrest appears to be ongoing.”

The court said that there were reasonable grounds to find that Prime Minister Benjamin Netanyahu and Yoav Gallant, the former Israeli defense minister, bear responsibility for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”

Mr. Netanyahu’s office rejected the assertions, calling them “absurd and false” and accusing the court of being motivated by antisemitism and hatred of the Jewish state. Israeli officials — as well as some aid workers — have blamed rampant lawlessness in Gaza, including attacks by armed gangs on convoys ferrying relief, as a major reason for the dire conditions.

The court said some Gazans had died from deprivation in part imposed by Israeli restrictions on the flow of aid, providing legal grounds for suspected murder. The judges also argued that restrictions on food and medicine to Gazans as a whole could amount to the crime of persecution under international law.


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