The ICC Has Formally Issued Its Arrest Warrant For Netanyahu. Here’s What It Means For The Israeli PM

The international criminal court has today issued an arrest warrant against Israel’s Benjamin Netanyahu and Yoav Gallant, as well as Hamas leader Mohammed Deif.

It comes four months after Labour dropped the former Tory government’s challenge to the ICC’s probe into seeking an arrest warrant for Netanyahu.

Downing Street refused to tell reporters whether the UK would now arrest the Israeli PM if he were to touch down on British soil.

Here’s what you need to know.

Why has the ICC issued these arrest warrants?

The ICC claims there are reasonable grounds to believe both Israeli PM Netanyahu and Gallant – who was kicked out of his role as defence minister earlier this month – are responsible for war crimes.

The court says the two men are co-perpetrators for the “war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution and other inhumane acts” in Gaza.

But the full warrants against Netanyahu and Gallant will be kept in secret “in order to protect witnesses and to safeguard the conduct of the investigations”.

Israel claims to have killed Deif in an airstrike in July but the ICC is still gathering information to confirm his death. Hamas has not responded to that Israeli claim.

The warrant is out for the Hamas leader over accusations of crimes against humanity, war crimes – including murder, torture, rape and taking people hostage.

These claims stem from the militant group’s attack against Israel on October 7, 2023, where more than 1,200 Israelis were killed and 250 others taken hostage.

Israel subsequently declared war and has been involved in a ground offensive in Gaza ever since.

The ICC prosecutors also wanted to issue warrants for other senior Hamas leaders, like Ismail Haniyeh, but many have been killed in conflict.

How does an ICC arrest warrant work?

The ICC – set up in 2002 – has 124 members, including the UK and the state of Palestine. Neither Israel nor the US are signatories.

If someone charged by the court enters any of those signatory states, their governments are expected to arrest them.

The ICC issued an international arrest warrant for Russian president Vladimir Putin in March 2023 over his involvement in the Ukraine war.

He has been unable to travel some countries – like South Africa last year – out of fear of being arrested.

Why is this decision significant?

The warrants out for Netanyahu and Gallant mark the first time the leaders of a democratic state, particularly one aligned with the west, have ever been charged by the ICC.

It also puts Israel’s allies – like the UK and the US – in a difficult position, having welcomed the ICC’s arrest warrant against Putin last year.

Other UN members have therefore criticised the White House for not holding Netanyahu to the same standards as the Russian president ever since the ICC announced it was seeking a warrant against the Israeli PM.

How has Israel reacted?

Netanyahu’s office said it was an “antisemitic” decision and that they “utterly” reject the accusations.

In a statement, they said: “Israel utterly rejects the false and absurd charges of the international criminal court, a biased and discriminatory political body.

“No war is more just than the war Israel has been waging in Gaza.”

Israel also pointed to the sexual misconduct accusations against the court’s prosecutor Karim Khan, who led these recent charges.

Khan has denied the claims and said he will cooperate with the ongoing investigation.

Meanwhile, the national security minister Itamar Ben-Gvir said: “The response to the arrest warrants: applying sovereignty over all areas of Judea and Samaria, Jewish settlement throughout the entire land.”

How has the US reacted?

The US said it “fundamentally rejects” the ICC’s move today.

A US national security council spokesperson said: “We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter.”

President-elect Donald Trump may be more lenient towards Israel when he comes back into power, too.

He imposed sanctions on the ICC in 2020 during his first term because it was looking into US actions in the Middle East, so he could look to do the same when he returns in January.

How has the UK reacted?

Prime minister Keir Starmer’s official spokesman said: “The UK respects the independence of the ICC which is the primary international institution for investigating and prosecuting the most serious crimes for international concern.

“This government has been clear that Israel has a right to defend itself in accordance with international law.

“There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations.

“We remain focused on pushing for an immediate ceasefire, bringing an end to the devastating violence in Gaza which is essential to protect civilians and the release of hostages and to increase humanitarian aid to Gaza.”

But asked if Netanyahu would be arrested if he visits the UK, the spokesman said: “We’re not going to get into hypotheticals.”

There was division on the opposition benches over how the government should react.

Priti Patel, shadow foreign secretary, called for Labour to “condemn and challenge” the decision.

She said it was a “deeply concerning and provocative” move from the ICC, adding: “This will do nothing to bring about the release of all hostages held and the bringing of much-needed aid into Gaza. The focus of international diplomacy must be on securing a sustainable peace, a de-escalation of tensions in the region and an end to this conflict.

“In issuing these warrants, the ICC are drawing a moral equivalence with the actions of the terrorist leadership of Hamas, which it is wrong to do.

“The Conservative Government did not believe the ICC has jurisdiction in this area, as Israel is not a signatory to the Rome statute, and because Palestine is not recognised as a state.”

Meanwhile Liberal Democrat foreign affairs spokesperson, Calum Miller, called on the UK’s government to comply “with our obligations under international law by committing to upholding this ruling, including enforcing arrest warrants.”

“The ICC must be free to conduct its work without fear or favour,” he added, saying the “very significant decision by the court” and “reflects the devastating impact that the war between Hamas and Israel has had on many civilians”.

He added: “We urgently need an immediate bilateral ceasefire to put a stop to the humanitarian devastation in Gaza, get the hostages home and open the door to a two-state solution.”