The International Criminal Court (CPI) issued arrest warrants this Thursday against the Israeli Prime Minister, Benjamin Nentayahuand his former Minister of Defense Yoav Gallantas those most responsible for the commission of war crimes and crimes against humanity in the Gaza Strip at least since October 8 of last year.
The judges also approved the arrest warrant against Mohammed Deifa senior official Hamas considered head of its military wing, although Israel already declared him dead in an Israeli attack last June against the Strip, a death that was never confirmed by the Islamist group, nor has it been possible for the court’s prosecutor’s office to do so.
With this, the Pre-Trial Chamber unanimously rejected the challenges presented in September by Israel, which denied the ICC‘s jurisdiction over the situation in the State of Palestine in general, and over Israeli citizens in particular.
The Israeli Government had also demanded that the judges stop “any proceedings related to the situation, including the consideration of requests for arrest warrants,” another request rejected by the magistrates.
“It is not necessary for Israel to accept the jurisdiction of the Court, since it can exercise its jurisdiction on the basis of the territorial jurisdiction of Palestine, as determined above.”warned the Court.
He also considered that States “cannot challenge the jurisdiction of the Court before the issuance of an arrest warrant, so Israel’s challenge is premature,” he said.
In this sense, the judges approved the arrest warrants requested on May 20 by the prosecutor against Nentayahu and Gallant as “criminally responsible as co-authors of the war crimes of using hunger as a method of war and the crimes against humanity of murder, persecution and other inhuman acts.”
In addition, they are also held responsible as “civilian superiors for the war crime of intentionally directing attacks against the civilian population” in the Gaza Strip.
“The Chamber concluded that both intentionally deprived the civilian population of Gaza of goods essential for their survival, including food, water, medicine, fuel and electricity, between October 2023 and May 2024. This blockade had serious consequences, including death of civilians, including children, due to malnutrition and dehydration”added the ICC.
In the case of the Islamic Resistance Movement (Hamas), Khan had called for the arrest of the then Hamas leader Yahya Sinwar; the head of the military wing, Mohammed Deif; and his political bureau, Ismail Haniyeh. The indictment includes six war crimes, such as hostage-taking and acts of sexual violence, and five crimes against humanity, including extermination and murder.
However, since the prosecutor requested his arrest, Haniyeh was killed in an attack in Tehran in July and his heir, Sinwar, suffered the same fate in another Israeli attack in Gaza last month, so Khan withdrew his request considering confirmed his death.
Regarding Deif, the Prosecutor’s Office indicated that it would continue to collect information about “his alleged death.”
«On November 15, 2024, the Prosecutor’s Office, based on information from the Israeli and Palestinian authorities, informed the Chamber that it cannot determine whether Deif has died or is still alive. Therefore, the Chamber issues this arrest warrant,” the judges noted. EFE (I)
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Given the historical lack of enforcement for ICC warrants, what potential alternative mechanisms for accountability exist in the context of the Israeli-Palestinian conflict?
## World-Today-News Exclusive:
**Unpacking the ICC Arrest Warrants: A Conversation with Experts**
**Introduction:**
This week, the International Criminal Court (ICC) issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, along with Hamas military leader Mohammed Deif. The charges stem from alleged war crimes and crimes against humanity committed in Gaza. Join us as we unravel the intricacies of this situation with two prominent voices in international law and Middle Eastern affairs.
**Section 1: Jurisdiction and Legality**
**Guest 1:** Professor Anya Sharma, International Law Expert at Columbia University
**Guest 2:** Dr. Omar Khalil, Senior Fellow at the Middle East Institute
**Moderator:**
* Professor Sharma, the ICC’s decision has sparked significant controversy, with Israel rejecting its jurisdiction. Can you explain the basis for the ICC’s claim to jurisdiction in this case?
* Dr. Khalil, what are the potential implications of the ICC’s move for future peace negotiations and the broader Israeli-Palestinian conflict?
**Section 2: The Charges: War Crimes and Crimes Against Humanity**
**Moderator:**
* Professor Sharma, what specific war crimes and crimes against humanity are alleged against Netanyahu, Gallant, and Deif?
* Dr. Khalil, how does the ICC’s account of the situation in Gaza align with existing reports from international human rights organizations?
**Section 3: The Challenges of Enforcing Arrest Warrants**
**Moderator:**
* Professor Sharma, what are the practical challenges of enforcing these arrest warrants, given that Israel is unlikely to cooperate?
* Dr. Khalil, what broader message does the ICC’s action send to international actors, particularly those involved in the Israeli-Palestinian conflict?
**Section 4: Looking Ahead: Justice and Accountability**
**Moderator:**
* Professor Sharma, how significant is this case in the context of international legal precedent and accountability for war crimes?
* Dr. Khalil, regardless of whether these warrants are ever executed, what impact might the ICC’s decision have on the pursuit of justice for victims of the conflict in Gaza?
**Concluding Remarks:**
The ICC’s decision to issue arrest warrants against Netanyahu, Gallant, and Deif raises complex legal and political questions with far-reaching consequences. This interview aims to shed light on the implications of this landmark event, prompting further discussion and reflection on the path towards justice and accountability in the tragically complex Israeli-Palestinian conflict.
