Today, Thursday, the First Pre-Trial Chamber of the International Criminal Court issued arrest warrants against Benjamin Netanyahu, the Israeli Prime Minister, and Yoav Galant, the former Israeli Defense Minister, accusing them of committing war crimes against the Palestinian people in the Gaza Strip.
The court explained in its decision on its official website that the arrest warrants against Netanyahu and Gallant came on charges of committing crimes against humanity and war crimes from at least October 8, 2023 until at least May 20, 2024, which is the day on which the Public Prosecution submitted requests to issue arrest warrants.
Rationale for the International Criminal Court’s decision against Netanyahu and Gallant
The arrest warrants were classified as secret, in order to protect witnesses and ensure the progress of investigations, and it had already decided in a previous formation that the court’s jurisdiction in this case extends to Gaza and the West Bank, including East Jerusalem.
It found reasonable grounds to believe that Netanyahu and Gallant each bear criminal responsibility for the following crimes as co-perpetrators of the acts: the war crime of starvation as a method of war; and crimes against humanity of murder, persecution and other inhumane acts, and that they bear criminal responsibility as civilian superiors for the war crime of deliberately directing an attack against a civilian population.
The merits of the ruling against Netanyahu and Gallant were as follows, according to the official website of the International Criminal Court:
The Chamber found reasonable grounds to believe that, during the period in question, international humanitarian law relating to the international armed conflict between Israel and Palestine applied. This is because they are High Contracting Parties to the Geneva Conventions of 1949 and because Israel occupies at least parts of Palestine. The Chamber also found that the law relating to non-international armed conflict applies to the fighting between Israel and Hamas. The Chamber found that the alleged conduct of Netanyahu and Gallant related to the activities of Israeli government agencies and armed forces against the civilian population of Palestine, and more specifically civilians in Gaza. Thus, it concerned the relationship between two parties to an international armed conflict, as well as the relationship between the occupying power and the population in the occupied territories. For these reasons, and with respect to war crimes, the Chamber found it appropriate to issue arrest warrants in accordance with the law of international armed conflict. The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.
The Chamber found that there were reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population of Gaza of things indispensable to their survival, including food, water, medicines and medical supplies, as well as fuel and electricity, from 8 October 2023 to 20 May 2024. at least.
This conclusion is based on the role of Netanyahu and Gallant in obstructing humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at their disposal. The department found that their behavior disrupted the ability of humanitarian organizations to provide food and other basic goods to people in need in Gaza. The above restrictions, coupled with electricity cuts and reduced fuel supplies, have also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care.
The Chamber also noted that decisions allowing or increasing humanitarian aid into Gaza were often conditional. These decisions were not taken with the aim of fulfilling Israel’s obligations under international humanitarian law or ensuring that the civilian population of Gaza is adequately provided with the goods they need. In fact, it was a response to pressure from the international community or to the requests of the United States of America. In any case, increases in humanitarian aid have not been sufficient to improve the population’s ability to access basic goods.
Furthermore, the Chamber found reasonable grounds to believe that no clear military need or other justification under international humanitarian law could be identified for restrictions on access for humanitarian relief operations. Despite warnings and appeals made by, among others, the UN Security Council, the UN Secretary-General, states, governmental organizations and civil society organizations regarding the humanitarian situation in Gaza, only minimal humanitarian assistance has been allowed. In this regard, the Chamber considered the prolonged period of deprivation and Mr. Netanyahu’s statement linking the cessation of basic goods and humanitarian aid to the objectives of the war.
Accordingly, the Chamber found reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility for the war crime of starvation as a method of war.
The Chamber found that there were reasonable grounds to believe that the lack of food, water, electricity, fuel and specified medical supplies created living conditions that would lead to the devastation of a portion of the civilian population in Gaza, resulting in the death of civilians, including children, due to malnutrition and dehydration.
And that on the basis of the materials presented by the Public Prosecution covering the period up to May 20, 2024, the Chamber was unable to determine whether all the elements of the crime of genocide that constitute a crime against humanity were met. However, the Chamber found that there were reasonable grounds to believe that murder constituting a crime against humanity had been committed in connection with these victims.
In addition, the two individuals mentioned are also responsible for inflicting severe suffering on people in need of treatment by restricting or preventing the access of medical supplies and medicines to Gaza, especially anesthetics and anesthesia devices. Doctors were forced to operate on wounded and amputations, including on children, without anesthesia, and were forced to use inadequate and unsafe methods to anesthetize patients, causing severe pain and suffering to these people. This amounts to a crime against humanity through other inhumane acts.
The Chamber also found reasonable grounds to believe that the above-mentioned conduct deprived a significant portion of the civilian population in Gaza of their basic rights, including the rights to life and health, and that the population was targeted on political and national grounds, and that the Chamber therefore found that the crime of persecution had been committed.
It suggested that it (i.e. the court) concluded that there were reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.
