Today, on the 227th consecutive day of Israel’s genocidal military campaign against Palestinians in Gaza, the Prosecutor of the International Criminal Court (ICC) announced that he filed applications for arrest warrants before Pre-Trial Chamber I in relation to the Situation in Palestine. This step is crucial in the effort to end impunity for those who committed or ordered the commission of the crimes outlined in the Rome Statute, who must be held accountable and brought to justice. Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights strongly welcome this landmark announcement charging Israel’s Prime Minister Benjamin Netanyahu and Minister of Defence Yoav Gallant for international crimes under the jurisdiction of the Rome Statute, including the war crime of starvation and the crimes against humanity of extermination and persecution.
Following tireless efforts by Palestinian and international civil society organisations demanding the issuance of arrest warrants, the applications filed by the Prosecutor are a crucial step towards ensuring justice and accountability for victims. The imperative need to issue arrest warrants for members of the Israeli war cabinet so as to deter and prevent the commission of further crimes had become even more evident in light of their unanimous decision to carry out the ground invasion of Rafah after seven months of genocidal acts. We urge the Pre-Trial Chamber I to consider the Prosecutor’s applications at their earliest convenience, particularly in light of the worsening situation on the ground in Gaza.
Our organisations consider the issuance of arrest warrants for the crimes of extermination, persecution, wilfully causing great suffering or cruel treatment, wilful killing or murder, the crime of intentionally committing attacks against the civilian population, the war crime of starvation, and other inhumane acts as crucial. We note that on 26 January 2024, the International Court of Justice denounced “the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation” as “exceptionally grave”. Nonetheless, Israeli policy makers continued to deny and restrict access to life-sustaining aid into Gaza, targeting Palestinians seeking aid as well as humanitarian relief operations –– further aggravating the scale and speed of death in Gaza, which is unparalleled in the history of 21st century conflicts.
While we welcome the issuing of charges for crimes against humanity, there is also a public catalogue of genocidal statements of intent to destroy Palestinians in Gaza, including through the intentional denial of aid. For these reasons, genocide as an additional crime should be included in an amendment to the charges.
Our organisations stress that Israeli crimes against Palestinians in Gaza do not occur in a vacuum and certainly did not begin on 8 October 2023, as the time frame indicated by the Prosecutor in today’s applications suggests. For the last nine years, our organisations have submitted numerous communications to the ICC, including an amicus curiae to the Pre-Trial Chamber and substantial detailed files of evidence to the Office of the Prosecutor regarding a plethora of Israeli crimes committed in the occupied Palestinian territory (OPT) since June 2014. These submissions include files on crimes related to the illegal settlement enterprise in the occupied West Bank, including East Jerusalem; the 17-year-old closure of Gaza; the 2014 and 2021 military offensives on Gaza; and crimes committed during Gaza’s Great March of Return, amongst others. We urge the Office of the Prosecutor to also turn its attention to all international crimes committed in the aforementioned circumstances, as well as to investigate Israel’s crime of apartheid against the Palestinian people.
Issam Younis, General Director of Al Mezan stated: “Today marks an important step in the quest for justice for the Palestinian people. Yet, we must remind the Prosecutor that the current violations unfold against the backdrop of 76 years of ongoing Nakba. The omission of any reference to this context, including Israel’s illegal belligerent occupation of the Gaza Strip is concerning. We are also perplexed that the applications for warrants of arrests fail to charge Israeli officials with crime of genocide, currently under consideration by the International Court of Justice and recognized as a crime under the Rome Statute. We earnestly hope that forthcoming applications for arrest warrants will duly address the grievous Israeli crimes perpetrated throughout the entirety of the occupied Palestinian territory, including against Palestinian prisoners and detainees.”
While we welcome the Prosecutor’s applications against the highest levels of the Israeli leadership, our organisations stress that arrest warrants are also needed against all members of the Israeli war cabinet—particularly those with decision-making powers, which include Minister Benny Gantz—and against those who carry out their orders, including Lt. Gen. Herzi Halevi, the Chief of Staff of the Israeli military and Maj. Gen. Ghassan Alian, the Head of the Coordinator of Government Activities in the Territories (COGAT). Further arrest warrants should be issued against members of the Israeli government involved in planning and ordering the commission of international crimes against the Palestinian people, including the Minister of Finance, Bezalel Smotrich and the current Minister of Foreign Affairs, Israel Katz.
We also exhort the Prosecutor not to neglect the heinous atrocity crimes being committed against Palestinian prisoners and detainees—particularly Palestinian residents of Gaza—who are held in Israeli prisons and military camps, and subjected to an escalation of systematic and widespread practices of torture, ill-treatment, enforced disappearance, starvation and sexual violence by the Israeli authorities and military. Individuals implicated in international crimes against Palestinian prisoners and detainees include Itamar Ben-Gvir, Israel’s Minister of National Security, Katy Perry, former Chief Commissioner of the Israel Prison Service, and Ronen Bar, head of Israel Security Agency.
Shawan Jabarin, General Director of Al-Haq, welcomed the arrest warrants stating: “The Court’s decision to issue arrest warrants breaks Israel’s long-enjoyed cycle of impunity emboldened by the international community. However, we must turn back the dial to 13 June 2014 ––to prosecute crimes committed in the occupied territory, the West Bank, including East Jerusalem and the Gaza Strip, which comprises an international armed conflict ––including the prosecution of Israeli leaders for constructing and expanding settlements, pillage and apartheid, amongst others. We remind the Prosecutor of the findings in the Wall advisory opinion, that there is no Article 51 right of self-defence against non-State actors in occupied territory, where these acts are not attributable to another State–– Israel must withdraw immediately, totally and unconditionally from the Palestinian territory, and its settler-colonial apartheid regime must be dismantled.”
Since his visit to Rafah crossing on 29 October 2023, and to Palestine in December 2023, where he met with Palestinian victims and their families, the Prosecutor declared: “I have not seen any discernible change in conduct by Israel. As I have repeatedly emphasized, those who do not comply with the law should not complain later when my Office takes action pursuant to its mandate.” Our organisations stress that the issuing of arrest warrants is necessary not only to serve the interests of justice, but to restore faith in the enforceability of international law generally. We reiterate that the power of the ICC lies not only in its capacity to prosecute but also in its deterrent effect––an effect already evident at the Israeli cabinet which held a special meeting to reflect on how to prevent the issuance of arrest warrants. However, despite these warnings, Israel continues its erasure of the Palestinian people in Gaza.
Raji Sourani, General Director of Palestinian Centre for Human Rights stated: “The Prosecutor’s application for arrest warrants for the Israeli Prime Minister and Minister of Defense is an important step towards accountability for the commission of serious international crimes under the Rome Statute, despite coming after 226 days of live broadcasted genocide, where Israel killed over 35,000 Palestinians, wounded more than 75,000 others, displaced 90 percent of the population, starved the civilian population and destroyed the whole Strip. Given the extraordinary amount of time the Office of the Prosecutor had to consider the crimes committed since 13 June 2014, especially crimes committed during the Great March of Return, Operation Protective Edge as well as the settlements and forcible transfer of Palestinians in the West Bank including occupied East Jerusalem, it is critical that these crimes are prosecuted. We urge the Prosecutor to issue arrest warrants for the crime of genocide given the staggering evidence of genocidal acts and intent made by top Israeli officials. We will keep the struggle for accountability and the rule of law alive until there is justice and dignity for Palestinian victims and Israel is held accountable for its occupation, ethnic cleansing and genocide of the Palestinian people.”
We urge the Court to follow up with States Parties and request their cooperation in the arrest and surrender of the Israeli suspects should they be found on their territory. Under Part 9 of the Rome Statute, States Parties are obliged to cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court and comply with requests for arrest and surrender should the suspects be found on their territory. Although, according to Article 61(2)(b) of the Rome Statute, the fact that a suspect remains at large does not prevent the Pre-Trial Chambers from confirming “the charges on which the Prosecutor intends to seek trial when the person has: [...] fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.”
Amidst attacks against the Court and its personnel aimed at thwarting its independence, and attempts to frustrate investigation efforts in the situation in Palestine, it is crucial that justice is upheld and that the Rome Statute’s pledge that “the most serious crimes of concern to the international community as a whole must not go unpunished” is honoured. We reiterate our continued support and commitment to engage with the Court, and urge States Parties to the Rome Statute to abide by their obligations to cooperate fully with the Court, respect and ensure respect for its integrity and independence, and publicly reject and condemn acts or threats committed against the administration of justice.
We urge the Court to progress the cases with urgency. In remembrance of more than 45,000 Palestinians killed by Israel amid nearly a decade of Court inaction.