Netanyahu and Gallant are, according to the ICC, guilty of war crimes through the use of starvation as a weapon, as well as crimes against humanity through murder, persecution, and "other inhumane acts".
"The Chamber believes that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of essential things necessary for their survival, such as food, water, medicine, and medical equipment, as well as fuel and electricity, from at least October 8, 2023, to May 20, 2024," writes the ICC.
The Court also believes that Netanyahu and Gallant, as leaders, bear responsibility for war crimes through intentionally directing attacks against the civilian population.
"Anti-Semitic decision"
Israel strongly opposes the ICC's "anti-Semitic" decision, according to the Prime Minister.
"The anti-Semitic decision by the International Criminal Court can be compared to a modern Dreyfus trial – and ends in the same way," reads a statement from Benjamin Netanyahu.
In the Dreyfus affair, which took place in France at the turn of the last century, a Jewish captain was wrongly convicted of espionage.
The ICC's arrest warrant will not prevent "Israel from defending its citizens," continues Netanyahu.
At the same time, a similar order is issued for Mohammad Dayf, leader of the terrorist-stamped Hamas armed branch, for, among other things, murder, torture, hostage-taking, rape, and other forms of sexual violence. Israel claims to have killed Dayf in Gaza in July, something Hamas denies.
The arrest warrant means that the 124 countries that have signed the ICC's founding document, the Rome Statute, are obligated to arrest the leaders if they set foot in any of the countries.
Also Haniya and Sinwar
Israel's Foreign Minister Gideon Sa'ar calls the ICC's decision "absurd" and claims that the court has lost its legitimacy. Even President Isaac Herzog claims it is a "dark day" for justice and humanity.
Hamas, on the other hand, claims that the order against Netanyahu and Gallant constitutes "an important step towards justice," reports AFP.
In May, when the ICC's chief prosecutor Karim Khan requested an arrest warrant, US President Joe Biden called the request "scandalous".
The ICC's request originally included Hamas leaders Ismail Haniya and Yahya Sinwar, who have since been killed by Israel.
Civilians must not be attacked in armed conflicts and must be protected, according to humanitarian principles that the international community has agreed upon.
The laws of war – formally the international humanitarian law – aim to spare combatants, the wounded, prisoners of war, and civilians from unnecessary suffering. The core consists of the four so-called Geneva Conventions from 1949, which have been ratified by nearly 200 states. Both state and non-state actors are bound by the laws.
Key words are distinction (distinction between civilians and combatants), proportionality (the military significance of an attack must be weighed against the risks it poses to civilians), and precaution (all parties must take all possible precautions to ensure that attacks are directed only at military targets).
The fact that non-civilian persons are present among civilians does not mean that the group as a whole can be considered a legitimate target. The civilian population must not be used as so-called human shields to defend against attacks.
The special protection emblem of the medical service must be respected, and the warring parties must do what they can to facilitate humanitarian efforts.
Source: UN, Red Cross, and National Encyclopedia
