UPDATE - ICC Issues Arrest Warrant for Israeli Prime Minister Netanyahu and Hamas Leader El Masri
The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim El Masri.
The court's ruling states: The Chamber has issued arrest warrants for two individuals, Benjamin Netanyahu and Yoav Gallant, for crimes against humanity and war crimes committed between October 8, 2023, and May 20, 2024, the date the Prosecutor applied for the arrest warrant. The warrants have been classified as 'confidential' to protect witnesses and ensure the safety of ongoing investigations. However, due to the appearance that similar behaviors may still be occurring, the Chamber has decided to publish the following information. Furthermore, the Chamber believes that informing the existence of the warrants may benefit the victims and their families.
Initially, the Chamber considered the alleged behaviors of Mr. Netanyahu and Mr. Gallant to fall within the Court's jurisdiction. The Chamber recalls that in a previous ruling, it decided that the Court's jurisdiction extends to Gaza and the West Bank, including East Jerusalem. Additionally, at this stage, the Chamber has refused to exercise its discretionary proprio motu powers to determine the admissibility of the two cases. This decision does not affect any later determination regarding the jurisdiction and admissibility of the cases.
The ICC's decision regarding Hamas leader El Masri is as follows: "I. The Pre-Trial Chamber has issued a unanimous arrest warrant for Mohammed Diab Ibrahim El Masri, widely known as 'Deif', for alleged crimes against humanity and war crimes committed in the territories of the State of Israel and the State of Palestine since at least October 7, 2023.
The Prosecutor initially sought an arrest warrant for two other senior Hamas leaders, Ismail Haniyeh and Yahya Sinwar. Following confirmation of their deaths, the Chamber decided to withdraw the applications on August 9, 2024, and October 25, 2024, respectively. Regarding Mr. Deif, the Prosecutor has stated that it will continue to gather information about his reported death. On November 15, 2024, the Prosecutor informed the Chamber that it was unable to determine whether Deif had been killed or is alive, referencing information from both Israeli and Palestinian authorities. Therefore, the Chamber issues the current arrest warrant. The Prosecutor also indicated that it will continue to investigate crimes committed in the ongoing conflict and anticipates making further applications for arrest warrants."