International Criminal Court investigation in Palestine
The seal of the International Criminal Court | |
| File no. | 01/18 |
|---|---|
| Referred by | State of Palestine |
| Date referred | 22 May 2018 |
| Date opened | 3 March 2021 |
| Incident(s) | Israeli–Palestinian conflict since 13 June 2014 |
| Crimes | Crimes against humanity: · Extermination · Murder · Rape · Torture · Persecution · Other inhumane acts War crimes: · Taking hostages · Cruel treatment · Outrages upon personal dignity · Starvation of civilians as a method of warfare · Wilfully causing great suffering, or serious injury to body or health · Intentionally directing attacks against a civilian population |
| Status of suspects | |
| Benjamin Netanyahu | Fugitive |
| Yoav Gallant | Fugitive |
| Mohammed Deif | Warrant application withdrawn due to death |
| Yahya Sinwar | Warrant application withdrawn due to death |
| Ismail Haniyeh | Warrant application withdrawn due to death |
The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military and Hamas and other Palestinian armed groups since 13 June 2014.
The earlier allegations include the establishing of illegal Israeli settlements in the occupied West Bank and violations of the law of war by members of the Israeli military and Hamas during the 2014 Gaza War. Further, starting 8 October 2023, according to the ICC judges there are reasonable grounds to believe that Israeli leaders committed crimes including starvation, murder, deliberately targeting civilians, and persecution; and that Hamas leaders committed crimes including extermination, murder, and hostage-taking.
Israel is not a member of the ICC and disputes the ICC's jurisdiction, stating that Palestine is not a sovereign state capable of being a party to the Rome Statute. According to ICC chief prosecutor Karim Ahmad Khan, suspected war crimes by Israelis on Palestinian territory and by Palestinians on Israeli territory during the Gaza war are within the jurisdiction of the Palestine investigation. Israeli Prime Minister Benjamin Netanyahu has repeatedly accused the allegations and investigation of being "antisemitic" which many consider a weaponization of antisemitism Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and allegedly threaten senior ICC staff.
On 21 November 2024, the ICC issued arrest warrants for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif (killed in an IDF airstrike), on charges of war crimes and crimes against humanity.