ICC Considers Arrest Warrants for Israeli and Hamas Officials Over Alleged War Crimes in Gaza

The International Criminal Court (ICC) is reportedly considering issuing arrest warrants against senior Israeli officials, including Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and IDF Chief of Staff Herzl Halevi, over alleged war crimes committed during the ongoing conflict in Gaza. The conflict, which began in October 2022, has killed over 34,000 Palestinians.

According to five Israeli and foreign officials, the ICC is also weighing arrest warrants against Hamas leaders, though the exact details are uncertain. The potential charges against the Israelis could include preventing the delivery of humanitarian aid to Gaza and pursuing an excessively harsh response to the Hamas-led attacks on Israel.

The ICC launched an investigation into possible war crimes in 2014, and the probe is now moving forward. ICC prosecutor Karim Khan has confirmed that the investigation covers allegations going back to the 2014 war in Gaza, as well as Israel's construction of Jewish settlements in occupied territory.

Why this matters: The potential issuance of ICC arrest warrants against high-level Israeli and Hamas officials signifies a notable escalation in the legal scrutiny of the long-running Israeli-Palestinian conflict. It could have far-reaching implications for the region's geopolitics and the ability of the accused officials to travel internationally.

Israel has rejected allegations of wrongdoing and accused both the ICC and the International Court of Justice, which is also investigating whether Israel has committed acts of genocide in Gaza, of bias. Prime Minister Netanyahu has stated that Israel "will never accept any attempt by the ICC to undermine its inherent right of self-defense."

The Israeli government is concerned about the potential impact of the ICC's actions, with Foreign Minister Israel Katz warning that the warrants would harm IDF commanders and soldiers and provide a morale boost to Hamas. Israel has instructed its embassies abroad to prepare for a severe antisemitic backlash if the warrants are issued.

Neither Israel nor the United States accept the ICC's jurisdiction, but any warrants could put Israeli officials at risk of arrest in other countries. The U.S. has provided critical military and political support for Israel's offensive in Gaza, but has urged Israel not to invade the southern city of Rafah over fears of a humanitarian catastrophe.

The latest Israeli airstrikes on Rafah killed at least 22 people, including 6 women and 5 children. The Hamas military wing has retaliated by attacking an Israeli army post from southern Lebanon. Protests have also erupted on U.S. college campuses over Israel's military offensive and the mounting death toll in Gaza.

U.S. Secretary of State Antony Blinken is visiting the region this week amid concerns about the conflict spreading and the prospects for Israeli-Saudi rapprochement being put on hold. The U.S., Egypt, and Qatar are pushing for an agreement that would free some hostages and bring about a temporary ceasefire, but Hamas has said it will not release the remaining hostages without an agreement to end the war.

The ICC's focus on individuals rather than states differentiates it from the International Court of Justice. Any arrest warrants would require approval from ICC judges and may not immediately result in arrests. However, they would be seen as a humbling moral rebuke to Israel, which has face

Key Takeaways

• ICC considering arrest warrants for Israeli, Hamas officials over Gaza war crimes
• Warrants could impact travel, geopolitics; Israel rejects ICC jurisdiction, claims bias
• U.S. provides military support to Israel, urges restraint to avoid humanitarian crisis
• Conflict escalates with airstrikes, protests; U.S. pushes for ceasefire, hostage release
• ICC focus on individuals differs from ICJ, warrants require judicial approval