After thirteen months of an ongoing devastating conflict that continues to shock the conscience of collective humanity, LPHR strongly welcomes today’s issuing by ICC Pre-Trial Chamber I for arrest warrants against Hamas and Israel’s leadership as a groundbreaking step for legal accountability.
Today’s historic decision by the ICC judges, following an application for warrants of arrest made by ICC Prosecutor Karim Khan KC on 20 May 2024, is vital reaffirmation that the law must not stay silent amidst the perpetration of unspeakable horrors.
Benjamin Netanyahu, Yoav Gallant, and Mohammed Deif, as ICC suspects at large, must now be brought to justice through the execution of the arrest warrants, and the commencement of the judicial process to determine guilt or innocence and for victims and survivors to be heard.
In relation to Israel’s leadership, the Chamber found:
“[R]easonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.
“The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.” [Bolded by LPHR for emphasis]
LPHR notes that among the exceptionally serious crimes that the Chamber found reasonable grounds to believe have been committed by Benjamin Netanyahu and Yoav Gallant, is the crime against humanity of persecution:
“The Chamber also found reasonable grounds to believe that the abovementioned conduct deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds. It therefore found that the crime against humanity of persecution was committed.” [Bolded by LPHR for emphasis]
This very significant determination by ICC judges fully corresponds with the careful findings of a comprehensive independent legal opinion by an eminent team of experts, commissioned by LPHR, which we submitted to the ICC Prosecutor’s office in January 2024. It can be read here.
The Chamber has assessed there are reasonable grounds to believe that Benjamin Netanyahu and Yoav Gallant bear criminal responsibility for war crime of starvation as a method of warfare, and the directly related crimes against humanity of murder, persecution and of other inhumane acts. However, it could not determine that all the elements of the further related crime against humanity of extermination had been met, despite being included in the request by ICC Prosecutor Khan.
LPHR first signalled our warning of serious crimes connected to starvation in our legal briefing published during the first week of the intensified hostilities. We strongly welcome the Chamber’s decision to encompass the aforementioned extremely serious starvation-related crimes within its arrest warrants issued today against Benjamin Netanyahu and Yoav Gallant.
The Chamber finally assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza. There is an apparent lack of clarity as to the specific applicable incidents, with today’s ICC statement limiting itself to saying:
“The Chamber found that the material provided by the Prosecution only allowed it to make findings on two incidents that qualified as attacks that were intentionally directed against civilians”.
LPHR also strongly welcomes the Chamber issuing of an arrest warrant against the highest commander of the military wing of Hamas, Mohammed Deif1, upon finding reasonable grounds to believe that he is responsible for the following exceptionally serious crimes:
- The crime against humanity of murder;
- The crime against humanity of rape and other acts of sexual violence;
- The crime against humanity of extermination;
- The crime against humanity of torture;
- The war crimes of murder, cruel treatment, torture;
- The war crimes of taking hostages, outrages upon personal dignity;
- The war crimes of rape and other sexual violence.
The Chamber has additionally found reasonable grounds to believe that Mohammed Deif bears criminal responsibility for the aforementioned crimes:
- Having committed the acts jointly and through others.
- Having ordered or induced the commission of the crimes.
- For his failure to exercise proper control over forces under his effective command and control.
The arrest warrants issued against Benjamin Netanyahu, Yoav Gallant and Mohammed Deif mean that they are now ICC subjects at large.
States alone have the power to execute arrest warrants. States Parties to the Rome Statute have an obligation to cooperate fully with the ICC, and to ensure that there are procedures available under their national law to execute all cooperation requests from the Court.
These legal obligations under the Rome Statute apply to the UK government, as a state party to the Rome Statute. It is incumbent upon the UK government to affirm that it will execute the ICC’s arrest warrants against the aforementioned suspects, should any of them ever enter UK jurisdiction.
It is worthwhile adding that although non-state parties have no obligation under the Rome Statute to cooperate with the Court, they are nonetheless encouraged to do so.
The ICC Pre-Trial Chamber has today demonstrated its ability and will to act without fear or favour so as to uphold the law and act for humanity. LPHR strongly encourages the necessary direction towards legal accountability and justice for those responsible for the most serious international crimes, that cause unspeakable suffering and shock the conscience of collective humanity.
1Mohammed Deif has been reported to have been killed. However, the Chamber has decided to proceed with making an arrest warrant, on the basis that the ICC Prosecutor has been unable to determine whether Mohammed Deif has been killed or remains alive.