The Hague Court Issues Arrest Warrants for Netanyahu, Gallant, and Deif; Reactions

The International Criminal Court (ICC) in The Hague announced on Thursday, November 22, that it has issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, Yoav Gallant, the former Minister of Defense, and Mohammed Diab al-Masri, known as "Deif," the commander of the "killed" extremist group Hamas. These warrants were issued by Karim Khan, the Chief Prosecutor of the ICC, due to the actions of the Israeli army accused of "war crimes" and "crimes against humanity" during the Gaza war, as well as the operations of the extremist group Hamas against Israeli citizens. The extremist group Hamas has been designated as a terrorist organization by the European Union and the United States. Karim Khan had requested earlier this year that a warrant be issued for senior Israeli officials and three senior members of Hamas. He sought arrest warrants for Ismail Haniyeh and Yahya Sinwar as well, but these two Hamas leaders were killed in Israeli operations, one in Tehran and the other in Gaza, in the following months. Israel insists that it has also killed Mohammed Deif, the senior Hamas commander, but the group has yet to officially confirm his death. The ICC announced on Thursday that Israel's acceptance of the court's jurisdiction was not required for issuing arrest warrants against senior officials of the country. The Hague has been examining a complaint from the South African government that accused the Israeli army and its leaders of "war crimes" since shortly after the start of the Gaza war. Despite participating in the ICC's judicial process and sending a senior judge to the court, Israel condemned this process in the UN court and emphasized that it defends its citizens against the actions of terrorist groups. The announcement of the arrest warrant for Benjamin Netanyahu came at a time when he was meeting with Amos Hochstein, the US special envoy for achieving a ceasefire in the Lebanon war in Jerusalem. Netanyahu had previously described the process initiated in The Hague as "shameful" and "anti-Semitic." Yoav Gallant, who had managed the ongoing war in Israel for about 13 months, was dismissed by Benjamin Netanyahu last month due to internal disagreements. This is the first time in the history of this UN-affiliated court that arrest warrants have been issued against senior officials of a country considered to have a democratic political system. Previous warrants from this court had been issued against leaders of governments such as Sudan and Serbia or some autocratic governments in Africa. The issuance of arrest warrants turns Benjamin Netanyahu and Yoav Gallant into international fugitives. According to the Associated Press, this may complicate efforts to end the Gaza war, but the practical consequences could be limited since Israel and its main ally, the United States, are not members of this court. US President Joe Biden had previously criticized the potential issuance of arrest warrants against Israeli leaders by the ICC, stating that Israel has the right to defend itself and its citizens against Hamas. Senator John Thune, the new Republican majority leader in the upcoming US Senate, warned in recent days that if the ICC and its prosecutor do not cancel "oppressive" and "illegal" actions to pursue the arrest of Israeli officials, the Senate should immediately pass a sanctions law against the court, just as the House of Representatives had done with bipartisan support. The House of Representatives passed a measure this spring to revoke the entry visa for court officials traveling to the US, restrict the entry of court members and staff into the US, and impose financial restrictions on any court officials involved in attempts to arrest or prosecute US allies. In response to the ICC's arrest warrants against Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Ibrahim al-Masri, the Hamas commander (who is likely deceased), various countries and officials have commented. The spokesperson for the National Security Council at the White House rejected these warrants and expressed concern over their swift issuance. Republican Senator Lindsey Graham called the court "a dangerous joke" and demanded sanctions against it from the US Senate. British Prime Minister Keir Starmer stated that the UK respects the independence of the ICC. The Prime Minister's spokesperson emphasized that the ICC is respected as the main international body for investigating and prosecuting the most serious international crimes. However, he also stated that there is no moral equivalence between Israel as a democracy and the groups Hamas and Hezbollah, which are terrorist organizations. Josep Borrell, the EU's foreign policy chief, emphasized that the warrants must be executed. Dutch Foreign Minister Kaspar Feldkamp stressed the independence of the court and stated that his country would cooperate with the arrest warrants. The spokesperson for the French Foreign Ministry deemed France's reaction in accordance with the court's laws but refrained from commenting on the possibility of Netanyahu's arrest. Antonio Tajani, the Italian Foreign Minister, expressed support for the ICC but stated that the decision on how to respond would be made in collaboration with allies. Foreign ministers from Norway, Sweden, and Ireland also supported the ICC's role in delivering justice. The Prime Minister of Ireland considered these warrants "a very important step." In Israel, the Prime Minister's Office described this action as "anti-Semitic" and deemed it "ridiculous and false claims" against Israel. Yoav Gallant emphasized that Israel will not lose its right to defend itself. Isaac Herzog, the President of Israel, called this decision support for "terrorism and evil" and stated that the international justice system has become a "human shield" for Hamas. Israeli Foreign Minister Gideon Sa'ar described these warrants as "a dark moment" for the court and deemed them illegitimate. Yair Lapid, the leader of the Israeli opposition, called the issuance of these warrants "a reward for terrorism." Bezalel Smotrich, the Israeli Finance Minister, called for sanctions against the Palestinian Authority as a response, while Itamar Ben-Gvir, the Minister of Security, called the court "completely anti-Semitic." On the other hand, the Palestinian Authority welcomed this decision and called for its implementation by member countries of the court. Ayman Safadi, the Jordanian Foreign Minister, stated that the ICC's warrants should be respected and executed, emphasizing that Palestinians deserve justice.