ICC issues arrest warrants for Israeli & Hamas leaders; Netherlands would arrest Netanyahu
The International Criminal Court in The Hague has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Mohammed Deif, the military chief of Hamas, citing allegations of war crimes and crimes against humanity in the ongoing Israel-Palestine conflict. Should Netanyahu, Gallant or Deif visit the Netherlands, Dutch authorities would place him into custody on behalf of the ICC, said Dutch Foreign Minister Caspar Veldkamp during a debate in Parliament on Thursday.
The ICC's Pre-Trial Chamber I rejected Israel's challenges to the court's jurisdiction over Palestine and issued warrants for Netanyahu and Gallant. The charges include crimes against humanity, such as murder, persecution, and inhumane acts, as well as the war crime of starvation as a method of warfare.
The warrants are classified as secret, but the ICC disclosed some information. The chamber stated that Netanyahu and Gallant deprived Gaza’s civilian population of essential goods, including food, water, medicine, and fuel, from October 8, 2023, to May 20, 2024. The ICC noted that this deprivation resulted in civilian deaths, including children, due to malnutrition and dehydration.
"Decisions to allow humanitarian assistance were often conditional and insufficient," the ICC stated, adding that actions to impede humanitarian aid violated international law.
The chamber also accused the two officials of failing to prevent or repress attacks on Gaza’s civilian population, amounting to the war crime of intentionally targeting civilians.
The ICC also issued an arrest warrant for Mohammed Deif, the leader of Hamas’ military wing, the al-Qassam Brigades. Deif faces charges of murder, extermination, torture, and hostage-taking. Mohammed Deif, leader of Hamas’ military wing, was also charged by the ICC. The court accused him of orchestrating the October 7, 2023, attack in which hundreds of Israeli civilians were killed and hostages were taken.
The ICC described the assault as “a coordinated mass killing of civilians.” It provided evidence that hostages were tortured, subjected to sexual violence, and used as bargaining tools in negotiations with Israel.
Deif, born in 1965, is charged with murder, extermination, torture, and hostage-taking. He is accused of planning and ordering the attacks and failing to prevent crimes committed by subordinates.
Netherlands would arrest Netanyahu
The Netherlands expressed support for the ICC’s decision. Foreign Minister Veldkamp stated, “If [Netanyahu] comes to Dutch soil, he will be arrested.” He said, "The Netherlands is fully cooperating with the International Criminal Court."
Veldkamp emphasized the country's commitment to enforcing the Rome Statute, which established the ICC. “The Netherlands implements the Rome Statute 100 percent,” Veldkamp said. Such an arrest by Dutch authorities can only happen on Dutch territory.
The Netherlands has suspended non-essential diplomatic contact with Netanyahu, Gallant, and Deif. However, Veldkamp clarified that essential discussions would require approval from the Dutch Cabinet, and talks with Netanyahu remain a possibility. "You can argue that the conflict in the Middle East is so serious that you want to maintain those essential contacts, but I would like to discuss that in the Cabinet."
Opposition parties in the Netherlands criticized the government for maintaining any contact with Netanyahu. “It’s unacceptable for members of the Dutch Cabinet to shake hands with someone under such serious charges,” they argued.
The ICC reiterated its jurisdiction over crimes committed in Palestine, citing its recognition of Palestine’s membership in the court since 2015. Despite Israeli objections, the court confirmed that its territorial jurisdiction extends to Gaza, the West Bank, and East Jerusalem.
