ICC Orders Arrest Warrant For Netanyahu: What Are the Chances Of Arrest?

The International Criminal Court (ICC) has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his former Defence Minister Yoav Gallant, and a Hamas military commander for alleged war crimes.

According to a statement released on Thursday, Netanyahu and Gallant are accused of committing “crimes against humanity and war crimes” between October 8, 2023, and May 20, 2024.

The three-judge panel stated in their unanimous decision that there are “reasonable grounds” to believe the two officials “intentionally and knowingly deprived the civilian population in Gaza of essential objects for survival, including food, water, medicine, medical supplies, fuel, and electricity.”

The Israeli Prime Minister’s Office dismissed the accusations, calling the warrants “anti-Semitic” and describing the actions as “absurd and false.”

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The court also issued an arrest warrant for Hamas military commander Mohammed al-Masri, commonly referred to as Mohammed Dief, for alleged war crimes and crimes against humanity in Israel and Palestine starting October 7, 2023.

In its statement, the ICC claimed there is credible evidence to suggest Dief 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 forms of sexual violence.”

Although Israel claimed to have killed Dief in an airstrike over southern Gaza in July, the court proceeded with the warrant, stating it could not confirm whether he was alive or deceased. 

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ICC Chief Prosecutor Karim Khan filed the arrest warrant requests in May, targeting Netanyahu, Gallant, and three Hamas leaders over alleged crimes linked to the October 7, 2023, Hamas-led attack on southern Israel and the ensuing war on Gaza.

The prosecutors argue that Netanyahu, Gallant, along with Hamas figures Yahya Sinwar, Ismail Haniyeh, and Dief, bear responsibility for war crimes and crimes against humanity.

Haniyeh was reportedly killed in Iran in July, while Sinwar died in combat against Israeli forces in October. Earlier this month, Netanyahu dismissed Gallant, citing a loss of confidence in his handling of Israel’s wars in Gaza and Lebanon.

What Is The ICC?

The International Criminal Court (ICC), based in The Hague, Netherlands, was founded under the 1998 “Rome Statute.” The court’s mandate is to “investigate and prosecute individuals accused of the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.”

Currently, 124 nations are parties to the Rome Statute, such as the United Kingdom, Japan, Afghanistan, and Germany. However, India, along with China and the United States, is not a member of the ICC.

What Are The Chances Of Arrest?

While the decision to issue arrest warrants against Netanyahu and others makes them internationally wanted individuals and may further isolate them, its practical effects are limited.

The ICC functions as a court of last resort, stepping in only when national authorities are either unable or unwilling to investigate. Despite the warrants, it is unlikely that any of the suspects will appear before judges in The Hague anytime soon. 

The court does not have its own police force to serve warrants, and instead relies on cooperation from member states.

Even so, the threat of arrest could make it difficult for Netanyahu and Gallant to travel abroad, yet Russian President Vladimir Putin, who is wanted on an ICC warrant for alleged war crimes in Ukraine, recently demonstrated that he could still visit an ally when he travelled to Mongolia, one of the court's member states, and was not arrested.