The International Criminal Court has issued arrest warrants for the Prime Minister of the State of Israel, Benjamin Netanyahu, and the former Minister of Defense, Yoav Gallant. Following a lengthy investigation into war crimes, the two Israeli officials are alleged to have committed war crimes within Gaza and used starvation as a method of warfare. Starvation of the civilian population is considered both a war crime and a crime against humanity and was banned in 1977 by the additional protocols to the Geneva Convention. About 96 percent of civilians in Gaza are facing severe food shortages, and 9 out of 10 children lack essential nutrition. Furthermore, 36 Palestinians have reportedly died since the Hamas-Israel war began in Gaza due to malnutrition, according to an analysis from Aljazeera.
The situation in Gaza stems from wave of attacks conducted by Hamas on Israeli soil, killing thousands of civilians and kidnapping hundreds. The IDF then responded to the attacks and continued its efforts to rescue hostages who were reportedly held in Gaza.
According to the U.N., Israel has blocked 83 percent of food entry into the Gaza Strip.
Brown University stated, in a letter to President Biden that 62,413 Palestinians have died from starvation, and 2.15 million people are also suffering from disastrous levels of hunger. The crisis of famine in Gaza arises from Israel destroying infrastructure in the Gaza Strip that provides food, namely farmlands and shops such as bakeries and supermarkets, as well as fishing equipment and services, and blocking access to the Mediterranean Sea. IDF troops’ advancement has also encircled the people in the Strip, cutting off their access to farmlands in the east and northeast of Gaza, worsening agricultural conditions. More than half of the farmlands, greenhouses, and agricultural wells have been either destroyed or significantly damaged. Destroying infrastructure required for economic activities, such as transportation, has also played a crucial role in deteriorating the famine situation in Gaza by preventing the transport of food and other supplies essential for nutrition. Members of the ICC are now required to arrest heads of state if they enter their territory. Arrest warrants were also issued for Hamas leaders Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif; however, after the assassinations Ismail Haniyeh and the death of Yahaya Sinwar during a clash with IDF patrol units in Gaza, the warrants were withdrawn. Israel has claimed that it has successfully killed Mohammed Deif in an airstrike; however, since the ICC is unable to confirm the validity of this claim, the arrest warrant was ultimately issued for him.
All members of the ICC have stated that they respect the independence of the ICC and will abide by its laws. Other non-member nations, such as the United States, have rejected the arrest warrants and stated that the ICC does not have jurisdiction over this matter. Hamas has welcomed the decision but did not mention its stance on Deif. According to the Times of Israel, the Israeli Prime Minister’s office strongly rejected the accusations and added that the decision by the ICC is “antisemitic.” Despite this, the French Ministry of Foreign Affairs stated that the Prime Minister of Israel is immune to these warrants since Israel is not a member state of the ICC.
The International Criminal Court was established in 2002 and is responsible for investigating and arresting individuals who have committed crimes such as war crimes and crimes against humanity. It consists of 124 members, excluding countries like Israel and China. The United States signed the Rome Statute; however, it withdrew from the ICC.
Written by Mohammad Amin
