NEW YORK – Responding to the arrest warrants issued today by the International Criminal Court, the World Jewish Congress released the following statement:
“The World Jewish Congress expresses profound concern over the issuance of arrest warrants by the International Criminal Court against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
“We firmly believe that this action is fueled by political bias brought about by the influence of terrorist regimes, including Iran. The ICC’s decision not only undermines the pursuit of peace but also disregards the recognized right of a nation to act in self-defense when facing the threat of Hamas, a recognized terrorist organization responsible for the attempted annihilation of Israel's civilians.
“We call upon the international community to reject this unjust move by the ICC and not to comply with these arrest warrants. It is imperative that efforts toward achieving lasting peace are not derailed by politically motivated actions. The WJC remains committed to supporting Israel’s right to protect its citizens and to advocating for a fair and unbiased approach to international justice.”
What Israel and the U.S. Have to Say:
The Israeli Prime Minister's Office announced on Thursday that the ICC’s “antisemitic decision” to issue arrest warrants for Netanyahu and Gallant “is equivalent to a modern Dreyfus trial.” The PMO emphasized that the ruling would not deter Israel from safeguarding its citizens, rejecting “with disgust” the court’s “false” and “absurd” accusations.
President Isaac Herzog said that the ICC decision marked “a dark day for justice [and] humanity.”
By issuing arrest warrants for Netanyahu and Gallant, the ICC has “chosen the side of terror and evil over democracy and freedom, and turned the very system of justice into a human shield for Hamas’ crimes against humanity,” Herzog charged, calling for “true moral clarity in the face of an Iranian empire of evil that seeks to destabilize our region and the world.”
President Joe Biden said, "The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.
Decisions on requests by the State of Israel
On 26 September 2024, Israel submitted two requests to the ICC. The first challenged the Court’s jurisdiction over the Situation in the State of Palestine and Israeli nationals, arguing that it was premature under Article 19(2) of the Rome Statute. The second request sought to compel the Court to issue a new notification of the investigation initiation and to halt proceedings, including the arrest warrants for Prime Minister Netanyahu and former defense minister Gallant.
The Chamber rejected both requests. It ruled that Israel’s challenge to the Court's jurisdiction was premature, as the Court’s jurisdiction is based on the territorial jurisdiction of Palestine, which had been previously determined by the Court. Additionally, the Chamber noted that Israel had been notified of the investigation in 2021 and chose not to request a deferral, meaning no new notification was necessary.
The ICC classified the arrest warrants as ‘secret’, in order to protect witnesses and to safeguard the conduct of the investigations. However, the Chamber decided to release the warrants were issued due to the ongoing war. In addition, there could be secret warrants against other Israeli officials, especially IDF leaders.
Hamas:
In May 2024, the ICC Prosecutor’s Office applied for arrest warrants against three senior Hamas leaders—Yahya Sinwar (Head of Hamas in the Gaza Strip), Ismail Haniyeh (Head of Hamas Political Bureau), and Mohammed Deif (Commander-in-Chief of the Al-Qassam Brigades)—for their roles in the 7 October 2023, terror attacks. The charges included war crimes and crimes against humanity, such as extermination, murder, taking hostages, rape, other acts of sexual violence, torture, inhumane acts, cruel treatment, and outrages upon personal dignity.
Today, the ICC dismissed warrants against Sinwar and Haniyeh, who have both been killed over the course of the war. However, the court has chosen to pursue the case against Deif, apparently unconvinced that the leader of Hamas’s armed wing is truly dead, despite Israeli claims.
Next Steps:
The warrant for arrest will be transmitted to relevant States with a request for cooperation in apprehending and surrendering the suspect. If the suspect is believed to be in a particular country, the ICC requests that State to arrest and surrender the individual to the Court.
The ICC does not conduct trials in absentia, meaning the trial phase cannot proceed without the physical presence of the accused. Meanwhile, the ICC Prosecutor may continue to gather evidence to strengthen the case against the suspect, and if new crimes are committed by the suspect or linked to the case, the ICC may issue additional charges.
If a State Party fails to comply with its obligation to cooperate, such as refusing to arrest or surrender the suspect, the ICC may initiate non-cooperation proceedings, referring the matter to the Assembly of States Parties to encourage compliance.
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