Arrest warrant for Netanyahu and Gallant: International Criminal Court in the spotlight

The International Criminal Court (ICC) in The Hague has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in the context of the conflict between Israel and Hamas. The decision, which also includes a warrant for Mohammed Deif, Hamas' military chief, marks a turning point in the judicial management of the war in the Middle East, sparking highly polarized reactions internationally.

The charges and mandates of the International Criminal Court

The arrest warrants issued by the ICC Pre-Trial Chamber focus on crimes allegedly committed after October 7, 2023, when escalation between Israel and Hamas reached unprecedented levels. The ICC accuses Netanyahu and Gallant of authorizing and conducting military operations that resulted in the deaths of approximately 44.000 Palestinians, many of them civilian casualties, and the destruction of essential infrastructure in the Gaza Strip.

In the case of Mohammed Deif, Hamas's military leader, the charges include systematically using civilians as human shields and ordering indiscriminate attacks on Israeli territory, resulting in thousands of deaths and injuries. Despite Israel's claims that Deif was killed in an airstrike, the warrant remains in effect.

Reactions from Israel and Western Allies

The Israeli reaction was immediate and heated. Netanyahu called the decision an “anti-Semitic measure” and a “new Dreyfus trial,” saying the Court had crossed all ethical and legal lines. “We will not surrender to scandalous decisions, I will continue to defend Israel against any threat,” he said in a video message to the nation.

Former Defense Minister Yoav Gallant argued that the mandate “encourages terrorism” and represents a dangerous equation between the actions of Hamas and those of the State of Israel, which is committed to protecting its citizens.

From the United States, President Joe Biden categorically rejected the legitimacy of the mandates, calling them “outrageous” and reiterating Washington’s unconditional support for Israel. “There is no equivalence between Israel and Hamas. We will always stand with Israel against threats to its security,” Biden said.

The Palestinian Perspective

The ICC’s decision has sparked diametrically opposed reactions among Palestinians. Hamas has welcomed the measure, calling it “an important step towards justice for the Palestinian people.” For the movement’s leaders, the warrants are an acknowledgement of the suffering of Palestinians during the conflict. However, the fact that the Court itself has included Deif in the list of suspects, balancing the charges between the two sides of the conflict, remains controversial.

International Community Divided

The European Union took a cautious stance, declaring that “the mandates of the International Criminal Court must be carried out,” but without going into the merits of the charges. This statement reflects internal tensions within the European bloc, where some countries maintain more favorable positions toward Israel, while others strongly support Palestinian rights.

The Office of the United Nations High Commissioner for Human Rights instead welcomed the decision as a possible turning point towards the accountability of the parties to the conflict. However, the lack of concrete implementation of the mandates remains a major challenge, given that neither Israel nor Hamas recognize the authority of the ICC.

Implications for the Middle East Conflict

The arrest warrants come at a critical time, with the war between Israel and Hamas now more than 400 days old, marked by escalating violence and humanitarian devastation. The formal indictment of Israeli and Palestinian leaders may prompt some nations to reconsider their involvement in the conflict, but it is also likely to strengthen the parties’ resolve not to back down.

In Israel, public opinion appears united in its support for Netanyahu and Gallant, seen as leaders committed to ensuring national security. On the other hand, the Palestinian population hopes that this decision will bring greater international attention to the suffering endured in Gaza.