The recently issued arrest warrants for Israeli officials by the International Criminal Court (ICC) are creating international upheaval. ICC Prosecutor Karim Ahmad first filed applications for arrest warrants for Benjamin Netanyahu, Prime Minister of Israel, and Yoav Gallant, former Minister of Defence of Israel before the Pre-Trial Chamber I, back on May 20th of this year.
By November 21st, the ICC issued the warrants for the employment of starvation as a method of warfare and for intentionally directing an attack against the civilian population—both classified as war crimes. Additionally, Netanyahu and Gallant are also suspected of crimes against humanity, specifically murder, persecution, and other inhumane acts.
Alongside the arrest warrants for the Israeli officials, the ICC also issued one for Mr Mohammed Diab Ibrahim Al-Masri, the highest commander of the military wing of Hamas. However, according to a statement released by Israel, he was killed in an airstrike in July.
One key question remains, however: Who will comply with the issued arrest warrants and make these arrests?
Israel is not a signatory to the Rome Statute but the State of Palestine is; therefore, the ICC has jurisdiction over what happens in the Palestinian territories. Additionally, there are concerns about the ineffectiveness of the ICC as a court, because it has not had any new trials due to some member states having refused to comply with court orders. For example, Mongolia is a signatory to the Rome Statute but did not arrest Russian President Vladimir Putin when he visited Mongolia, despite the standing ICC arrest warrant under his name.
Nevertheless, the ICC recently issued an application for an arrest warrant against the Myanmarese head of the military, Senior General Min Aung Hlaing and more such warrants are anticipated for actors committing crimes in Sudan, Afghanistan and perhaps even Syria.
The Right to Food in Armed Conflict
The ICC has never pursued prosecution for using starvation as a weapon of war. However, offences related to access to food have been prosecuted previously, for example in the Supreme Court of Israel (1962) Adolf Eichmann was tried for the starvation of the Jewish civilian population, where it was considered a crime against humanity.
The International Criminal Tribunal for the former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia have also set precedents in the prosecution of cases of withholding food from prisoners.
In the Rome Statute under Article 8(2)(b)(xxv) “Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions” is a war crime.
Starvation being used as a method of warfare is further embedded in Chapter 17, specifically Articles 53 to 56, of International Humanitarian Law. This is customary law, and thus all warring parties are held accountable for it regardless of ratification or signatory agreements, in comparison to treaty law.
Defined by the same law as the deprivation of food, water and other necessary goods for the survival of the civilian population, starvation comprises prohibited attacks against objects indispensable to the survival of the civilian population. During wartime, agricultural areas for the production of food, crops, livestock, drinking water installations, and irrigation works have special protection as they are necessary lifelines.
Similarly, denying access to humanitarian relief to the civilian population and restricting or denying freedom of movement of humanitarian relief personnel has the potential to lead to or exacerbate starvation used as a method of warfare.
In December 2023, Human Rights Watch (HWR) declared that Israel was using starvation as a weapon of warfare in the Gaza Strip. Following October 7th, 2023, Israeli officials have verbally stated that they wish to deprive the civilians of Gaza of food, water, and fuel, as reported by HRW. For instance, Yoav Gallant announced in a press conference after October 7th, “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we are acting accordingly.”
Israel’s Minister of National Security, Itamar Ben-Gvir wrote on X, “As long as Hamas does not release the hostages in its hands, the only thing that needs to enter Gaza are hundreds of tons of explosives from the air force, not a gram of humanitarian aid.”
Not only does this violate multiple articles of International Humanitarian Law, but it serves as evidence of the atrocities intentionally executed on the Palestinian people.
In addition, the destruction of food warehouses, bakeries, greenhouses, and the razing of vast agricultural lands has exacerbated the risk of famine and is destroying the natural environment, preventing attempts at harvesting crops—yet another breach of international law.
The Integrated Food Security Phase Classification (IPC), which measures food insecurity and acute malnutrition, projects that between November 2024 and April 2025, 90% of the 2 million people in the Gaza Strip will face high levels of acute food insecurity classified as IPC Phase 3 Crisis or above.
This means 41% is in a Phase 4 Emergency, which refers to very high acute malnutrition and excess death. It is just one level below the Phase 5 Catastrophe, where starvation, death and extremely acute malnutrition are evident. This will be experienced by an estimated 16% of the population in the Gaza Strip.
Moreover, the already minimal humanitarian relief being allowed in or airdropped has reduced significantly since September 2024, implying that the available food is more expensive and scarce.
Additionally, the Israeli Army has initiated numerous attacks on aid convoys. According to the UN Humanitarian Affairs Office (OCHA), at least 333 aid workers have been killed in Gaza since October 7. The killing of humanitarian aid workers and destruction of humanitarian aid further decreases the food available for the civilians in Gaza, reports the Gaza Strip-based Palestinian journalist Ahmed Azizi for the Middle East Eye.
The International Criminal Court
The ICC was established in 2002 with the creation of the Rome Statute. Its headquarters are situated in The Hague, also called the city of (international) peace and justice. The ICC tries individuals who have committed crimes against humanity, genocide, war crimes, or crimes of aggression.
Their role is to combat impunity, judge the perpetrators of crimes, and deter others from committing them. Any person, group, or state can provide information to the Office of the Prosecutor about alleged crimes that fall under the Court’s jurisdiction. International Criminal Law aids in prosecuting actors who severely violate International Humanitarian Law.
Israel has on multiple occasions accused the Court of antisemitism and believes that the arrest warrant is only issued to attack Jews and to bolster terrorism. Any critique toward the Israeli state and its right to self-defense is shunned as antisemitism by Israeli officials, as highlighted by Al Jazeera.
Ben-Gvir said, in a statement covered by Israel National News, “The International Criminal Court in the Hague has once again demonstrated that it is antisemitic from beginning to end. This is absolute madness. I support the Prime Minister in his just war.” Netanyahu commented on X "It's an antisemitic step that has one goal - to deter me, to deter us from having our natural right to defend ourselves against enemies who try to destroy us."
Additionally, Israel’s ally, the United States, also firmly believes that the mandate of the ICC does not extend to non-member states like themselves and Israel, therefore claiming the arrest warrants are unjustified. The statement of US President Joe Biden states “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.”
Contrary to their stance on Palestine, in the Department Press Briefing on December 9, the US voiced in favour of abiding by the possible issue of an arrest warrant for Syrian dictator Bashar al-Assad following his recent ousting. Raising questions of double standards, the US continues to act in the interest of its allies and its own position in the Middle Eastern region.
Likewise, politicians in the US echo the same rhetoric, such as Senator Graham, who called the ICC “a rogue and politically motivated organization” and Senator Tom Cotton who suggested the use of military force against the ICC under the Hague Invasion Act.
Furthermore, some member states have refused the mandate of the ICC, like France, Germany and Italy. They have declared that they will not arrest Netanyahu or Gallant if they step foot on their soil. On the other hand, countries like Spain, The Netherlands, Switzerland, Ireland, Jordan, and South Africa have chosen to respect the ICC’s decision, as reported by Reuters.
Eroding Justice
It remains unclear whether Netanyahu and Gallant will be arrested and tried for their crimes given the diversity of responses to their arrest warrants. Further, considering that the Court is struggling to ensure the cooperation and participation of member states at large, the discourse surrounding the Court’s overall capabilities and effectiveness has gained attention.
The ICC President Tomoko Akane in her opening address took a strong stance on these pertinent challenges at the 23rd session of the Assembly of States Parties. She placed particular emphasis on the threats and sanctions faced by the ICC Prosecutor, Karim Ahmad, and his colleagues following the issuance of the arrest warrants.
She said, "The difficult circumstances that subsequently arose are only strengthening our determination. We will never give up to coercive measures, threats, sabotage or outrage. The Court, which upholds the principle of the rule of law, will continue pursuing justice and defending the dignity and the rights of victims of atrocities without fear and favour, while ensuring full respect of the highest standards of defence rights. I make this solemn pledge today before you, on behalf of all those who work at the Court."
The ICC serves as a primary institution aiming to uphold international peace and security by prosecuting war criminals, despite debates about its effectiveness. The ICC’s acknowledgement of the dire situation in the Palestinian territories is a step forward and allows for discussions among legal scholars and practitioners but also, society at large.
Unfortunately, even if the war in Gaza ends today, the long-term consequences, especially intergenerational ones such as the loss of population and the re-establishment of governance will continue to leave the Palestinian people in a vulnerable flux.
Disabled and immunocompromised persons would require the provision of constant healthcare, as a result of starvation and biochemical weapons. Most importantly, the destruction of infrastructure and arable land for agriculture will ultimately prolong food insecurity in Gaza for decades to come.
The Court’s existence and effectiveness to rule on the gravest breaches of International Law, such as the use of starvation as a weapon of warfare, depends on support from civil society representatives and the compliance of Assembly of States Parties. As the ICC President Akane said, “The Court’s future is now entirely in [the member states’] hands. If you commit, individually and collectively, to keep the pledge you have made in Rome, the Court can continue to provide what for humanity is the most essential sentiment: hope.”
Edited By Veda Rodewald and Ananya Karthikeyan
Sara Amir (she/her) is a student of International Studies and Security Studies at Leiden University and a writer at Political Pandora. Her research interests are climate-related issues, war, and politics.
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Keywords:
ICC Arrests Israeli Officials, Starvation As Warfare, Netanyahu And Gallant Charged, Crimes Against Humanity Alleged, Hamas Leader Al-Masri Named, Gaza Starvation Crisis, ICC Jurisdiction In Palestine, Rome Statute Invoked, Humanitarian Law Violated, Gaza Food Crisis Worsens, ICC Faces Resistance, US Opposes ICC Warrants, ICC Demands Accountability, ICC Effectiveness Questioned, Justice Hinges On Compliance
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