International Criminal Court orders arrest of Benjamin Nentayahu for war crimes in Gaza

The International Criminal Court (ICC) issued arrest warrants this Thursday against Israeli Prime Minister Benjamin Nentayahu and his former Defense Minister Yoav Gallant, as those most responsible for the commission of war crimes and crimes against humanity in the Gaza Strip at least since October 8 of last year.

The judges also approved the arrest warrant for Mohammed Deif, a senior Hamas official considered head of its military wing. although Israel already declared him dead in an attack launched last June against the Strip, a death that was never confirmed by the Islamist group, nor has it been possible for the court’s prosecutor’s office to do so.

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With this, the Pre-Trial Chamber unanimously rejected the challenges presented in September by Israel, which denied the ICC’s jurisdiction over the situation in the State of Palestine in general, and over Israeli citizens in particular.

The Israeli Government had also demanded that the judges stop “any proceedings related to the situation, including the consideration of requests for arrest warrants,” another request rejected by the magistrates.

“It is not necessary for Israel to accept the jurisdiction of the Court, since it can exercise its jurisdiction on the basis of the territorial jurisdiction of Palestine, as determined above,” the Chamber warned.

He also considered that States “cannot challenge the jurisdiction of the Court before the issuance of an arrest warrant, so Israel’s challenge is premature,” he said.

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Nentayahu, also accused of persecution and other inhuman acts

In this sense, the judges approved the arrest warrants requested on May 20 by the prosecutor against Nentayahu and Gallant as “criminally responsible as co-authors of the war crimes of using hunger as a method of war and the crimes against humanity of murder, persecution and other inhuman acts.”

In addition, they are also held responsible as “civilian superiors for the war crime of intentionally directing attacks against the civilian population” in the Gaza Strip.

“The Chamber concluded that both intentionally deprived the civilian population of Gaza of goods essential for their survival, including food, water, medicine, fuel and electricity, between October 2023 and May 2024. This blockade had serious consequences, including death of civilians, including children, due to malnutrition and dehydration,” the ICC added.

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In the case of the Islamic Resistance Movement (Hamas), Khan had called for the arrest of then-Hamas leader Yahya Sinwar; the head of the military wing, Mohammed Deif; and his political bureau, Ismail Haniyeh. The indictment includes six war crimes, such as hostage-taking and acts of sexual violence, and five crimes against humanity, including extermination and murder.

However, since the prosecutor requested his arrest, Haniyeh was killed in an attack in Tehran in July and his heir, Sinwar, suffered the same fate in another Israeli attack in Gaza last month, so Khan withdrew his request considering confirmed his death.

Regarding Deif, the Prosecutor’s Office indicated that it would continue to collect information about “his alleged death.”

“On November 15, 2024, the Prosecutor’s Office, based on information from Israeli and Palestinian authorities, informed the Chamber that it cannot determine whether Deif has died or is still alive. Therefore, the Chamber issues this arrest warrant ”, the judges noted.