The international criminal court has issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, the country’s former defence minister Yoav Gallant and the Hamas military leader Mohammed Deif for alleged war crimes relating to the Gaza war.

It is the first time that leaders of a democracy and western-aligned state have been charged by the court, in the most momentous decision of its 22-year history.

Netanyahu and Gallant are at risk of arrest if they travel to any of the 124 countries that signed the Rome statute establishing the court. Israel claims to have killed Deif in an airstrike in July, but the court’s pre-trial chamber said it would “continue to gather information” to confirm his death.

The chamber ruled there were reasonable grounds to believe Netanyahu and Gallant bore criminal responsibility as co-perpetrators for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”.

Statement of ICC Prosecutor Karim A.A. Khan KC on the issuance of arrest warrants in the Situation in the State of Palestine

Statement: 21 November 2024

On 20 May 2024, my Office submitted applications for warrants of arrest before Pre-Trial Chamber I in relation to the situation in the State of Palestine.

Today, based on the evidence presented by my Office, the judges have confirmed that there are reasonable grounds to believe that Rome Statute crimes have been committed.

With respect to Mohammed Diab Ibrahim Al-Masri, more commonly known as Deif, Commander-in-Chief of the military wing of the Islamic Resistance Movement “Hamas”, known as the Al-Qassam Brigades, the judges of the International Criminal Court have found reasonable grounds to believe that he is responsible for the crimes against humanity of murder, extermination, torture, and rape and other forms 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.

With respect to Israeli Prime Minister Benjamin Netanyahu, and former Israeli Minister of Defence Yoav Gallant, the judges of the International Criminal Court have found that there are reasonable grounds to believe that each has committed the war crime of using starvation as a method of warfare and crimes against humanity of murder, persecution, and other inhumane acts, as a direct perpetrator, acting jointly with others. The Chamber also found reasonable grounds to believe that they are each responsible for the war crime of intentionally directing attacks against civilians as a superior.

My Office had also submitted applications for warrants of arrest for Mr Yahya Sinwar, then Head of Hamas in the Gaza Strip, and Mr Ismail Haniyeh, former Head of the Hamas Political Bureau, but later withdrew them following evidence confirming their deaths.

Today, our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine. In my own meetings with the victims and families of hostages taken from kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons.

The decision of the independent judges of the International Criminal Court affirms that international humanitarian law must be upheld in all circumstances through fair and impartial judicial processes.

As I emphasised in May, these applications were made following an independent investigation, and on the basis of objective, verifiable evidence vetted through a forensic process.

I appeal to all States Parties to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders. We count on their cooperation in this situation, as with all other situations under the Court’s jurisdiction. We also welcome collaboration with non-States Parties in working towards accountability and upholding international law.

I will also continue to seek cooperation from all stakeholders including the State of Israel and the State of Palestine to ensure my Office fully meets its responsibility pursuant to article 54 of the Rome Statute to investigate incriminating and exonerating circumstances equally. In line with the Rome Statute, the door to complementarity continues to remain open. As with all situations, we will continue to actively assess the application of this fundamental principle, which requires genuine domestic investigations and any necessary prosecution of the same individuals for substantially the same conduct.

In parallel, my Office is continuing to pursue its independent and impartial investigation in the situation in the State of Palestine with focus. We are taking forward additional lines of inquiry in areas under the Court’s jurisdiction, which include Gaza and the West Bank, including East Jerusalem. I am deeply concerned about reports of escalating violence, further shrinking humanitarian access, and continued expansion of allegations of international crimes in Gaza and the West Bank.

We will continue to carry out our mandate in order to fulfil the fundamental commitment forming the basis of the Rome Statute: that the lives of all human beings have equal value.

More information

Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine

Prosecution’s consolidated response to observations by interveners pursuant to article 68(3) of the Rome Statute and rule 103 of the Rules of Procedure and Evidence

Decision terminating proceedings against Mr Ismail Haniyeh

Situation in the State of Palestine

Office of the Prosecutor