The International Criminal Court's Pre-Trial Chamber I issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military commander Mohammed Deif, citing "reasonable grounds to believe" each bore criminal responsibility for alleged crimes committed "from at least 8 October 2023 until at least 20 May 2024."

The warrants, released more than a year after the Prosecution filed its applications on 20 May 2024, follow the Court's rejection of Israel's challenges to its jurisdiction. They cover the period from the 7 October 2023 Hamas attacks and the subsequent Israeli military campaign in Gaza.

What crimes do the warrants allege?

For Netanyahu and Gallant, the Chamber found reasonable grounds to believe they bear criminal responsibility as "co-perpetrators for committing the acts jointly with others" for:

• the war crime of starvation as a method of warfare
• the crime against humanity of murder
• the crime against humanity of persecution
• the crime against humanity of other inhumane acts

The warrant against Deif alleges a broader catalogue of offenses. The Chamber found reasonable grounds to believe he is responsible for the crimes against humanity of murder, extermination, torture, and rape and other forms of sexual violence.

The same warrant alleges the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other forms of sexual violence. Israel has said Deif was killed in an air strike in Gaza in July 2024. The ICC's release states that as of 15 November his status remained unknown, with the Prosecution continuing to gather information on the reported death.

How did the Chamber address Israel's objections?

The warrants followed the ICC's rejection of Israel's challenges to the Court's jurisdiction over the situation. The Chamber issued its ruling as the war continues in Gaza and hostages remain held, conditions it cited in justifying the unsealing of warrants it had initially marked "secret" to protect witnesses.

"The Chamber considers it is also in the interest of victims and their families to be aware of the warrant's existence," the Court said in announcing the disclosure.

What is the Prosecutor asking of States Parties?

In a statement issued Thursday, ICC Prosecutor Karim Khan called for focus on victims. "Our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine," Khan said.

He added that during meetings with victims and families of hostages taken on 7 October "and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons."

Khan stressed the warrants had been sought following an independent investigation grounded in "objective, verifiable evidence" vetted "through a forensic process." He noted that initial applications for two other senior Hamas leaders, Ismail Haniyeh and Yahya Sinwar, had been withdrawn following confirmations of their deaths.

"I appeal to all States Parties to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders," Khan said. "We count on their cooperation in this situation, as with all other situations under the Court's jurisdiction. We also welcome collaboration with non-States Parties in working towards accountability and upholding international law."

What does the ruling mean for practitioners?

State Parties to the Rome Statute now face cooperation obligations triggered by the Court's judicial orders. The warrants could complicate official travel for the named individuals, though Israel is not a party to the Statute. The Prosecution has signaled additional applications may follow, noting it "continues to investigate the crimes in the ongoing conflict" and envisions further warrant requests.

ICC background

The International Criminal Court is an independent judicial body established by the Rome Statute, adopted in 1998 and in force since 2002. The Court is not part of the United Nations but maintains a cooperative relationship with the organization, handling cases when national justice systems cannot or will not act.