Israel Reacts After ICC Issues First Ever Arrest Warrants Targeting A Democratic Country

In a decision which was expected and has long been previewed in international reports, the International Criminal Court (ICC) on Thursday issued arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over the war in Gaza.

Three judges of the ICC’s “Pre-Trial Chamber I” issued the warrants unanimously, accusing the Israeli leaders of crimes against humanity. They wrote: “The chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

“The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population,” the ruling continued.

Over the summer as the arrest warrants were pending and expected at any moment, Netanyahu had actually begun altering his travel plans, in July avoiding stopovers in central Europe while en route to the United States.

Some 120 countries are party to the ICC, but Israel and the US are not. They have long blasted the war crimes investigation, and have condemned the warrants. Israeli media has highlighted that—

The decision marked the first time the ICC has ever issued arrest warrants against leaders of a democratic country.

Now, with the final issuance of formal ICC warrants, Netanyahu and Gallant face potential arrest should they travel to any of these 120 countries; however, the ICC of course lacks an enforcement mechanism and relies on the individual countries to follow through. Clearly the American pressure on The Hague-based court didn’t work.

But interestingly, the ICC has referenced Israeli leaders’ own words in making the case for their intentionally laying siege to a large civilian population. For example, in Oct. 2023 – within days after the Hamas terror attack which killed 1,200 and resulted in some 250 Israelis being taken hostage – Gallant said: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no water, no fuel, everything is closed. We are fighting human animals and we are acting accordingly.”

Netanyahu has long warned that the ICC investigation and warrants would set a “dangerous” precedent for other democratic countries, including Israel’s allies. “Israel is given here a bum rap. I think it’s dangerous. Basically, it’s the first democracy being taken to the dock when it is doing exactly what democracies should be doing in an exemplary way,” he told CNN months ago. “It endangers all other democracies. Israel is first, but you’re next. Britain is next. Others are next, too.”

On Thursday, reacting to the new ICC warrants, Netanyahu’s office has blasted the ruling as “absurd and false lies” and characterized the decision as “antisemitic.” 

Supporters of Israel in the West, including Democratic Senator John Fetterman, also reacted fiercely on Thursday:

Don’t forget Karim Khan is under investigation himself. pic.twitter.com/716E32kz3P

— Al (@0kwhyn0t) November 21, 2024

Avi Mayer, the former editor of the Jerusalem post, has highlighted the selectivity of the new ICC move. Mayer wrote:

“In order to create a false impression of fairness, the international criminal court also issued an arrest warrant for Hamas military leader Mohammed Deif … who is dead. That should tell you just how ridiculous and politically motivated these warrants are. The ICC is a joke.”

Other than impacting potential travel of ‘wanted’ officials, the warrant is largely symbolic. But it creates a dilemma politically, and a possible strain on relations for some countries.

For example Russia’s Putin, also subject of a prior ICC arrest warrant, recently canceled an in-person trip to a BRICS summit in South Africa precisely to avoid putting the South African government in a sensitive position.