The decision turns Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a cease-fire to end the 13-month conflict. But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and several of the Hamas officials have been subsequently killed in the conflict.
Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor Karim Khan’s request for warrants as disgraceful and antisemitic. U.S. President Joe Biden also blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.
“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 three-judge panel wrote in its unanimous decision to issue warrants for Netanyahu and his former defense minister, Yoav Gallant.
The Israeli Foreign Ministry said in September that it had submitted two legal briefs challenging the ICC’s jurisdiction and arguing that the court did not provide Israel the opportunity to investigate the allegations itself before requesting the warrants.
“No other democracy with an independent and respected legal system like that which exists in Israel has been treated in this prejudicial manner by the Prosecutor,” Foreign Ministry spokesperson Oren Marmorstein wrote on X. He said Israel remained “steadfast in its commitment to the rule of law and justice” and would continue to protect its citizens against militancy. The ICC is a court of last resort that only prosecutes cases when domestic law enforcement authorities cannot or will not investigate. Israel is not a member state of the court. The country has struggled to investigate itself in the past, rights groups say. Despite the warrants, none of the suspects is likely to face judges in The Hague any time soon. The court itself has no police to enforce warrants, instead relying on cooperation from its member states.
