Judges at the International Criminal Court (ICC) have issued arrest warrants for Israel’s prime minister and former defence minister, as well as the military commander of Hamas.
A statement said a pre-trial chamber had rejected Israel’s challenges to the court’s jurisdiction and issued warrants for Benjamin Netanyahu and Yoav Gallant.
A warrant was also issued for Mohammed Deif of Hamas, although Israel has said he was killed in an air strike in Gaza in July.
The judges said there were “reasonable grounds” the three men bore “criminal responsibility” for alleged war crimes and crimes against humanity during the war between Israel and Hamas.
Both Israel and Hamas have rejected the allegations.
Prime Minister Netanyahu condemned the ICC’s decision as “antisemitic”, while Hamas said the warrants for Netanyahu and Gallant had set an “important historical precedent”.
The impact of these warrants will in part depend on whether the ICC’s 124 member states – which do not include Israel or its main ally, the United States – decide to enforce them or not.
The White House said the US rejected the ICC decision.
However, several European countries have said they respect the decisions of the court.
The ICC has the authority to prosecute those accused of genocide, crimes against humanity and war crimes on the territory of states party to the Rome Statute, its founding treaty.
Israel rejects the ICC’s jurisdiction, but the court ruled in 2021 that it had jurisdiction over the occupied West Bank, East Jerusalem and Gaza because the UN’s secretary general had accepted the Palestinians were a member.
In May, the ICC prosecutor Karim Khan sought warrants for Netanyahu, Gallant, Deif and two other Hamas leaders who have since been killed, Ismail Haniyeh and Yahya Sinwar.
Although Israel believes Deif is dead, the chamber said it had been notified by the ICC prosecution that it was not in a position to determine whether he was killed or remained alive.
The prosecutor’s case against them stems from the events of 7 October 2023, when Hamas gunmen attacked southern Israel, killing about 1,200 people and taking 251 others back to Gaza as hostages.
Israel responded to the attack by launching a military campaign to eliminate Hamas, during which at least 44,000 people have been killed in Gaza, according to the territory’s Hamas-run health ministry.
CR: BBC
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