By Amadou Manjang
The International Criminal Court issued warrants of arrest for Israel Prime Minister Benjamin Netanyahu and former Minister of Defense Yoav Gallant .
The duo are believed to have committed crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024.
The court found reasonable grounds to believe that Netanyahu and 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.
The court stated that it also found reasonable grounds to believe that Netanyahu and Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.
The court also said it found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.
‘The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024.
This finding is based on the role of Mr Netanyahu and Mr Gallant in impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal. The Chamber found that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza.
The aforementioned restrictions together with cutting off electricity and reducing fuel supply also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care,’ it added.
It also stated that it assessed that there are reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.
‘Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so,’ the court added.
The ICC also issued a warrant of arrest for Mr Mohammed Diab Ibrahim Al-Masri, commonly known as ‘Deif’, for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.
The ICC says it has found reasonable grounds to believe that Mr Deif, born in 1965, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence.
The ICC also found reasonable grounds to believe that Mr Deif bears criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and through others and (ii) having ordered or induced the commission of the crimes, and (iii) for his failure to exercise proper control over forces under his effective command and control.
The ICC further found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict (between Israel and Palestine) and non-international armed conflict (between Israel and Hamas) applied. The Chamber also found that there are reasonable grounds to believe that the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel.
Alleged crimes
With regard to the crimes, the ICC says it found reasonable grounds to believe that on 7 October 2023, shortly after a large number of rockets triggered the ‘Tzeva Adom’ alarm in several communities in Israel around 6:20-6:30 am, armed men entered these communities, as well as the site of the Supernova festival, a music event with a few thousand participants (‘7 October Operation’). Members of Hamas, notably fighters of the al-Qassam Brigades, carried out mass killings at and/or around the communities of Kfar Aza, Holit, Nir Oz, Be’eri, and Nahal Oz, as well as at the Supernova festival. The attackers, for example, fired at people while they were seeking shelter and throw grenades at them. Hamas fighters followed similar patterns in other locations and killed further persons. These killings qualify as the crime against humanity and the war crime of murder.
