Netanyahu War Crimes, Allegations by the ICC

The Pre-Trial Chamber I of the International Criminal Court (‘Court’) has long decided that the court will exercise its jurisdiction in the Situation in the State of Palestine based on the country’s territorial jurisdiction. It has now issued a warrant for the arrest of Mr Benjamin Netanyahu and Mr Yoav Gallant based on the above jurisdiction established in the previous composition of the Situation.

It infers that Israel’s acceptance of the Court’s jurisdiction is negligible and considers the conduct of Mr Netanyahu and Mr Gallant as falling within its jurisdiction.

The Arrest Warrant Against Netanyahu

Within the timeframe – 8 October 2023 until at least 20 May 2024 – considered by the Chamber, the international humanitarian law applied in the conflict between Israel and Palestine as the Chamber has found.

Israel’s occupation of Gaza and the relation of the two nations which it considers an international armed conflict are two High Contracting Parties to the 1949 Geneva Conventions.

Regarding war crimes, the operations of Israeli government entities including the armed forces against the civilian population in Palestine implicate Mr Netanyahu and Mr Gallant. The Chamber found it suitable to issue arrest warrants under the law of international armed conflict.

There are several quoted reasonable grounds highlighting crimes against humanity brought against Mr Netanyahu and Mr Gallant. Most of all the failure to subdue the commission of crimes having an obligation under international humanitarian law to oversee the compliance of a submission of the matter to concerned entities.

More so, civilian leaders, have the responsibility of overseeing the methods of warfare and disallowing intentional direct attacks against civilians.

The Chamber establishes its allegations based on the material supplied by the Prosecution on two events that count as attacks intentionally targeted against civilians.

Netanyahu Crime Against Civilians

The 05 February 2021 composition where the Chamber decided it could exercise its criminal jurisdiction in the Situation forms the basis of the latest composition. The territorial scope of this jurisdiction, generally, extends to Gaza and the West Bank, including East Jerusalem it notes.

Contrary to the agreed methods of warfare, a significant portion of the civilian population in Gaza was deprived of their fundamental rights. The conduct of Mr Netanyahu and Mr Gallant limited the necessary assistance needed for the survival and health of civilians.

The civilian population in Gaza was intentionally and knowingly deprived of food, water, power, and medical supplies. Lack of power and fuel supply severely impacted the availability of these supplies in Gaza and the ability of hospitals to do their jobs.

These created unlivable conditions with malnutrition and dehydration resulting in civilian deaths, children included.

Impeding humanitarian aid and failure to facilitate relief disrupted the ability of humanitarian organisations to provide essential items too. These further violate international humanitarian law.