What ICC arrest warrant for Netanyahu does and doesn’t mean

The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister, Benjamin Netanyahu, his former defense minister, Yoav Gallant, and Hamas leader, Mohammed Deif. The court claims both sides have committed crimes against humanity and war crimes from the day Hamas attacked Israel on October 7 onwards.

Although a warrant was issued for Deif, Israel has said he was killed in an air strike in July. But Hamas has neither confirmed nor denied this claim. If they were ever to be judged at the ICC, a conviction is conceivable.

The charges of the court against Netanyahu are severe. The three-judge panel unanimously said that he and Gallant are “co-perpetrators for committing the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts”.

The judges also “found reasonable grounds to believe that they bear criminal responsibility” … “for the war crime of intentionally directing an attack against the civilian population.” The charges are also backed by the work of the International Court of Justice, which has found that it is “plausible” that Israel has committed acts in Gaza that violate the Genocide Convention.

If arrested, Netanyahu would go through a trial, and he could then be acquitted, or convicted. In the latter case, Netanyahu would join the ranks of leaders considered perpetrators of crimes against humanity, such as Charles Taylor of Liberia, Hissène Habré of Chad, Saddam Hussein of Iraq, Augusto Pinochet of Chile, Slobodan Milosevic of Serbia, Radovan Karadžić of Serbia, Idi Amin of Uganda, Pol Pot of Cambodia, Joseph Stalin of the former Soviet Union, Mao Zedong of China, and Adolf Hitler of Germany.

Next steps

The arrest