ICC arrest warrants for Israeli leaders

The ICC was established in 2002 to prosecute war crimes, crimes against humanity, genocide, and the crime of aggression when member states are unwilling or unable to do so. It can also prosecute crimes committed by nationals or on territory of any of its 124 member states. It currently is also investigating crimes committed in Ukraine, Uganda, and others. The Palestinian territories were admitted as a member state in 2015, allowing for the investigation even though Israel is not a member and does not recognize its jurisdiction. All of the 124 member states of the ICC are obliged by their agreements to the courts founding statute to arrest and hand over any individual with an active ICC arrest warrant, if they are identified in their territory. The ICC does not have a way of directly implementing an arrest, with no authority over any police force. The ICC can sanction a non-cooperative member state. On 20 December 2019, ICC prosecutor Fatou Bensouda announced an investigation into war crimes allegedly committed in Palestine by members of the Israel Defense Forces or Hamas and other Palestinian armed groups since 13 June 2014. Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff. Gaza war On 12 October 2023, ICC chief prosecutor Karim Khan stated that both war crimes committed by Palestinians on Israeli territory and by Israelis on Palestinian territory during the Gaza war would be within the jurisdiction of the ICC's Palestine investigation. On 29 December 2023, South Africa filed a case against Israel at the International Court of Justice, alleging that Israel's conduct amounted to genocide. In late April 2024, ICC staff interviewed Palestinian hospital staff from the Gaza Strip about possible war crimes. ==Arrest warrants==

On 20 May 2024, Khan announced that he would file applications for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh and Israeli leaders Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant. The request for a warrant against Haniyeh was withdrawn following his assassination on 31 July 2024, and the request for a warrant against Sinwar was withdrawn following his killing on 16 October 2024. The prosecutor stated that he was trying to confirm the alleged killing of Deif on 13 July 2024, in which case the warrant request would be withdrawn. The warrant for Deif was cancelled in February 2025, a few weeks after Hamas confirmed his death. issued arrest warrants under request from chief prosecutor Khan in regards to "the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza" for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif. and that Deif bears direct and command responsibility "for the crimes against humanity of murder, extermination, torture, and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other form of sexual violence". It found reasonable grounds that "the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel". The gag order was allegedly requested by members of Khan's staff who felt that his public announcements of the prior warrants for Netanyahu and Gallant "deviated from standard practice and put pressure on judges reviewing the warrant requests". Prior to taking indefinite leave from the prosecutor's office in May 2025, Khan was reportedly preparing draft arrest warrants for Itamar Ben-Gvir and Bezalel Smotrich for their involvement in building illegal settlements. According to sources within the ICC, Khan had completed the warrant applications before taking his leave, but his deputies had not yet submitted them to the court. Starvation as a weapon of war One of the key allegations was the "use of starvation as a weapon of war". The use of starvation as weapon of war is banned by the United Nations. Since then it has been used in both Gaza and Sudan. In mid 2023 German government officials also accused Russia of using hunger as a weapon. Yoav Gallant made a public speech in early October 2023, shortly after the October 7 attacks that sparked the war, saying, "there will be no more electricity, no more food, no more fuel ... We are fighting against human animals and will behave accordingly." A few weeks before that the arrest warrants were issued, there were also reports of looting occurring in areas controlled by the IDF. == Possible execution of the arrest warrants ==

Speculated January 2025 visit to Poland In December 2024 and January 2025, the possibility of Netanyahu visiting Poland, party to the Rome Statute, on 27 January, the 80th anniversary of the liberation of Auschwitz concentration camp was discussed by Polish politicians. On 5 December 2024, Andrzej Szejna, the Deputy Minister of Foreign Affairs, stated at a Sejm sitting of the foreign affairs committee that Poland was obliged to cooperate with the ICC. He stated that heads of countries had no immunity in the ICC context. On 9 January 2025, Polish president Andrzej Duda requested the government led by Donald Tusk to protect Netanyahu from arrest were he to choose to attend the anniversary commemorations. stating that it would "guarantee the free and secure participation to the ceremony to the highest representatives of Israel" (). OKO.press commented that the government resolution did not name Netanyahu explicitly. Prime Minister Donald Tusk stated his interpretation of the resolution to the media, according to which any Israeli representative who made the visit, whether it were "the prime minister" or another leader, would not be detained. Legal scholars Karolina Wierczyńska, Piotr Hofmański and Omer Bartov stated that Netanyahu would have to be arrested if he visited Poland. Member of the Sejm Tomasz Trela stated that Netanyahu would have to be "instantly" arrested the moment he crossed the Polish border. The International Centre of Justice for Palestinians sent letters to Polish authorities stating that it would "take immediate and robust legal action in Polish courts" if Polish legal obligations under the Rome Statute were not followed. It stated its view that "any attempt by the executive to pre-empt or obstruct judicial processes [would] represen[t] a serious breach of the rule of [Polish] law". April 2025 visit to Hungary Netanyahu arrived in Hungary on 3 April 2025. Hungarian Prime Minister Viktor Orbán had earlier invited Netanyahu to Hungary, shortly after the warrant was issued, stating the warrant would have "no effect" in Hungary. The Hind Rajab Foundation (HRF) stated that it would call for injunctions to prevent Netanyahu flying through the airspace of European states parties to the Rome Statute and that it was coordinating with legal teams for Netanyahu to launch arrest procedures in case Netanyahu landed or passed through those states. HRF stated that it would request the Chief Prosecutor of Hungary to launch arrest procedures against Netanyahu according to Hungarian criminal law procedures that oblige Hungarian authorities to arrest ICC fugitives and transfer them to ICC custody. During Netanyahu's visit, Orbán announced that Hungary would withdraw from the ICC. Per the Rome Statute, Hungary would need to formally notify the UN Secretary General. The withdrawal would become effective withdraw a year later. Hungary's obligation to arrest Netanyahu was unaffected by Orbán's announcement. On 3 April, the ICJP submitted a formal complaint to the Hungarian Minister of Justice stating that the Hungarian authorities were obliged to arrest Netanyahu in line with Hungarian obligations as a state party to the Rome Statute, under Article 86 of the Statute requiring it to cooperate with the ICC. September 2025 United Nations General Assembly While en route to the 2025 United Nations General Assembly, the Wing of Zion plane used by Netanyahu flew a non-standard route to reach John F. Kennedy International Airport in New York City. The flight stayed out of French and Spanish airspace, likely to avoid jurisdictions which are signatories to the International Criminal Court. France has stated that he may have immunity as Israel is not a signatory. December 2025 visit to the United States Ynetnews wrote just prior to his December 2025 visit with President Trump in Florida that it was expected Netanyahu's plane would take the bypass route, as with his previous visit to the United States. January 2026 World Economic Forum Netanyahu skipped the 56th World Economic Forum (more commonly known as Davos 2026) to avoid the arrest warrant. Davos is in Switzerland which is a Rome Statute signatory. == Legal analysis and commentary ==

International law professor Eliav Lieblich of Tel-Aviv University characterised the decision as "the most dramatic legal development in Israel's history", referring to his view that all 124 States Parties to the Rome Statute, including "most of Israel's closest allies", were legally obliged to arrest Netanyahu and Gallant if they are present in their territories. International law professors Matthias Goldmann and Kai Ambos said to Der Tagesspiegel that Germany was legally obliged to enforce the arrest warrants. US defense lawyer and professor Alan Dershowitz stated that the rule of law had been "disgraced" by the ICC's decision. He condemned the "false charges" and announced his intention to assemble a team of prominent lawyers to defend Israeli leaders in The Hague. Canadian human rights advocate and former justice minister Irwin Cotler criticized ICC Prosecutor Karim Khan for his approach toward Israeli leaders, asserting that Khan violated principles of cooperation and complementarity by issuing arrest warrants for them while being lenient toward Venezuelan leader Nicolás Maduro. An article in the Journal of International Peacekeeping criticized the ICC for not including the crime against humanity of forced displacement among the charges against Israeli leaders. In 2024, ICC prosecutor Karim Khan faced allegations of sexual misconduct, which he denied, calling them part of a smear campaign amid the Court's investigations into Israel. In November, the ICC opened an external probe, and Khan temporarily stepped aside in May 2025. In March 2026, Karim Khan was cleared of all wrongdoing by a panel of judges. Francesca Albanese, the UN special rapporteur on human rights in the occupied Palestinian territories, criticized countries that allowed Israeli Prime Minister Benjamin Netanyahu to fly through their airspace to the United States, saying they may have violated their obligations under international law. == Reactions ==

Governments Domestic • : Hamas political bureau member Basem Naim welcomed the ICC's decision to issue arrest warrants for Netanyahu and Gallant as an "important step towards justice" and called on the ICC to expand its scope to other Israeli officials. :Foreign Minister Israel Katz claimed that the "ICC had lost its legitimacy." Knesset Foreign Affairs and Defence Committee Chairman Yuli Edelstein said that it was "a shameful decision by a political body held captive by Islamist interests." :Israeli opposition leader Yair Lapid condemned the ICC's decision. • : The Palestinian Authority praised the ICC's decision and said that it "restores hope and confidence in international law and its institutions, and in the importance of justice, accountability and the prosecution of war criminals". Following Israeli accusations about the neutrality of Judge Beti Hohler, the ICC responded that Hohler had no prior involvement in investigations related to Palestine while at the Office of the Prosecutor. Hohler added that she had "not accessed any documents, evidence, or secret files related to the matter." International • : Foreign Policy chief Josep Borrell called on all EU member states to respect and implement the ICC's decision, arguing that the ICC's decision was not political. • : President Javier Milei said that Argentina "declares its deep disagreement" with the ICC's decision and that the arrest warrant "ignores Israel's legitimate right to self-defense". • : Foreign Minister Penny Wong stated in an X post that the Australian government "respects the independence of the ICC and its important role in upholding international law". The Leader of the Opposition, Peter Dutton, demanded that Australia resist the ICC's arrest warrant, threatening to cut ties with the international court whilst calling for "pressure on the ICC to make sure that this antisemitic stance that they’ve taken does not advance." • : Foreign Minister Alexander Schallenberg called the ICC arrest warrant "incomprehensible and ludicrous". However, Schallenberg's office also recognized that Austria, as a party of the Rome Statute, is obliged to implement ICC arrest warrants. • : The Foreign Ministry said it "fully supports" international law and "will comply with" the warrant. In April 2025, Prime Minister Bart de Wever however stated that the country would be unlikely to arrest Netanyahu if he were on their territory, referring to "realpolitik." The statement prompted criticism from several opposition politicians and a human rights group. Three of the parties in the De Wever government reacted negatively to this statement, and foreign minister Maxime Prévot quickly reassured the ICC that the warrant would be upheld. Eventually, the governing parties came to a resolution in May to uphold the warrant. • : On 31 January 2025 Belize was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. • : Foreign Minister Celinda Sosa stated that Bolivia welcomes the decision, which she described as "further compelling evidence of the genocide against the Palestinian people". On 31 January 2025 Bolivia was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. • : Prime Minister Justin Trudeau said that Canada would "abide by international law". • : President Gustavo Petro wrote that the ruling was "logical" and "must be complied with", calling Netanyahu "genocidal". He also stated that if U.S. President Joe Biden ignores the order, it would "lead the world into barbarism", and further called on Western European leaders to comply with the warrant. On 31 January 2025 Colombia was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. • : Foreign Minister Lars Løkke Rasmussen told media that Denmark is "a firm supporter" of the ICC and its independence, and that the country "naturally" would comply with its obligations under international law. • : In a speech before the Assembly of States Parties to the Rome Statute on 4 December 2024, Djibouti's ambassador to Belgium Aden Mohamed Dileita said his country "fully welcomes" the decision of the ICC. Dileita added that the country "observes with concern the unease" caused among several of the state parties by the warrants, and stressed that "there can be no double standards in justice." • : Foreign Minister Badr Abdelatty emphasized the necessity of respecting decisions made by international bodies, including the ICC arrest warrant for Netanyahu and Gallant. • : Foreign Minister Margus Tsahkna acknowledged the arrest warrants and Estonia's obligations as a state party to the ICC, but also voiced scepticism that the order would contribute to "a lasting peace in the Middle East." • : Foreign Minister Elina Valtonen noted that Finland, as a states party to the ICC, has "an obligation to cooperate with the court based on the Rome Statute. This also includes the obligation to arrest the subjects of arrest warrants if they travel to contracting states." • : Foreign Ministry spokesperson Christophe Lemoine said that France would act "in line with the ICC's statuses", but declined to say whether Netanyahu would be arrested if he entered France, stating that it's "legally complex". On 27 November, the French Foreign Ministry released a statement saying that Israeli leaders may be protected by immunity rules that apply to states not party to the ICC. • : A government spokesperson stated that Germany will "carefully examine" the arrest warrants for Netanyahu and Gallant, but that further steps would not be taken until a visit by any of the two to the country. The spokesperson further said that Germany is one of the "biggest supporters" of the ICC, but also recalled the close relationship between Germany and Israel. In May, Merz stated that he "no longer understands" Israel's policy in Gaza, however he did not formally retract the invitation. • : Government spokesperson Pavlos Marinakis expressed disapproval with the arrest warrants against Netanyahu and Gallant, saying that the ICC's decision "will solve no problem." When asked if Greece would still follow its obligations as per the Rome Statute and implement the warrants if the subjects should enter the country, Marinakis refrained from giving a direct answer. • : On 31 January 2025 Honduras was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. calling them "brazen and cynical" and accusing the ICC's order of being issued "for political purposes". In April 2025, Netanyahu made a state visit to Hungary, where he was not arrested; during the visit, Prime Minister Orbán announced his intention to withdraw Hungary from the ICC over the arrest warrants, sparking international criticism :In April 2026 Hungary's then-prime minister-elect Péter Magyar, who succeeded Orbán in May, announced he would halt his country's withdrawal from the ICC. At that point, Netanyahu had already accepted an invitation for another visit to Hungary during the fall; when asked how this would affect the planned visit, Magyar stated that, if the subject of an ICC arrest warrant enters the territory of a state party to the ICC, "then that person must be taken into custody." • : Foreign Minister Þórdís Kolbrún R. Gylfadóttir said that Iceland respects the ICC's decision. • : The Foreign Ministry supported the arrest warrant as an important step to achieve "justice for crimes against humanity and war crimes in Palestine", further emphasizing that the warrants "must be carried out" in accordance with international law. • : Islamic Revolutionary Guards Corps General Hossein Salami said: "This means the end and political death of the Zionist regime, a regime that today lives in absolute political isolation in the world and its officials can no longer travel to other countries." Supreme leader Ayatollah Ali Khamenei later stated his opinion that a war crimes case against Netanyahu and Gallant was insufficient, and that "the death sentence of these criminal leaders should be issued." • : Government spokesperson Basim al-Awadi expressed support for the arrest warrants against Netanyahu and Gallant, calling the ICC's decision "courageous and just". • : Taoiseach Simon Harris called the arrest warrants "an extremely significant step", while affirming Ireland's respect for the ICC and stating that anyone in a position to assist it in its work must do so "with urgency." On 15 January 2025, according to an anonymous source at a meeting of the Italian foreign and justice ministers with the Israeli foreign minister, the Italian ministers stated that Netanyahu would not be arrested if he visited Italy. • : Foreign Minister Ayman Safadi said the ICC's decision must be respected and implemented and that "Palestinians deserve justice". • : The Foreign Ministry welcomed the decision to issue arrest warrants for Netanyahu and Gallant, stating that it "restores respect for international legitimacy and the concept of justice and international laws" and constitutes "a clear condemnation of the crimes committed by Israel against civilians." • : The Foreign Ministry confirmed that the arrest warrant would be executed. • : The government stated to the news outlet Letzland that Luxembourg “attaches paramount importance to respecting the independence and impartiality of the ICC, and will implement all of its obligations arising from the Rome Statute.” On 31 January 2025 Malaysia was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. On 31 January 2025 Namibia was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. becoming the first country to say that it is prepared to act upon the ICC arrest warrants. • : In response to a question from a reporter asking if New Zealand would arrest Netanyahu and Gallant if they came to the country, Prime Minister Christopher Luxon stated: "Yes, we support the ICC. […] We believe in the international rules-based system, we support the ICC, and we would be obligated to do so." • : Foreign Minister Espen Barth Eide stated, "It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards." • : In a press release, the Foreign Ministry said that it "regrets" the arrest warrants against Netanyahu and Gallant, adding that the Paraguayan government "energetically rejects" what it considers to be "the political instrumentalization of international law". • : In December 2024 Deputy Foreign Minister Władysław Bartoszewski told media that, if he enters Poland, Netanyahu would be arrested in accordance with the country's commitments to the ICC, making Netanyahu's attendance at the forthcoming 80th anniversary of the liberation of Auschwitz unlikely. In January 2025 the Polish government changed its position, with Prime Minister Donald Tusk interpreting the government resolution as implying that Netanyahu would not be detained should he visit during the anniversary, despite the arrest warrant. • : Foreign Minister Paulo Rangel assured that Portugal will comply with its international obligations "if that question arises" regarding the enforcement of ICC arrest warrants against Netanyahu and Gallant. • : The Foreign Ministry published a post on X saying that it supports international law and the independence of the ICC, while also arguing that "there is no equivalence" between Israel on the one hand, and Hamas and Hezbollah on the other. • : On 31 January 2025 Senegal was among the founding countries of the Hague Group, a coalition of nine countries formed in defense of international law in relation to Israel and Palestine. Specifically, the countries pledged to "fulfill their obligations under the Rome Statute with respect to the warrants issued on 21 November 2024" against Gallant and Netanyahu, as well as to prevent arms sales to Israel. • : South Africa welcomed the ICC's decision and called it a "significant step toward justice for crimes against humanity and war crimes in Palestine". • : Foreign Minister Maria Malmer Stenergard stated that her country and the EU "support the court's important work and protect its independence and integrity", adding that Swedish legal authorities will decide on the arrest of subjects of ICC warrants. :Foreign Minister Hakan Fidan called the ICC arrest warrant "hopeful" and a crucial step in bringing Israeli authorities to justice for their "genocide" against Palestinians, adding: "We will continue to work to ensure that international law is implemented to punish genocide." :Ruling Labour Party MPs and other opposition leaders from the Liberal Democrats' Ed Davey, Independent Jeremy Corbyn, and the Green Party supported the ICC's decision, while some called for either sanctions or a ceasefire as well. The main opposition party, the Conservative Party, urged Starmer to condemn the arrest warrants, calling them "concerning and provocative". • : The White House said the United States "fundamentally rejects" the ICC's decision to issue arrest warrants, and added that "the ICC does not have jurisdiction over this matter". In January 2025, the U.S. House of Representatives passed a bill sanctioning the ICC in protest at the arrest warrants for Netanyahu and Gallant. :Senator Lindsey Graham (R-SC) called the ICC a "dangerous joke" and for sanctions on the ICC in a bill already proposed. He also wrote on social media, calling on Senator Chuck Schumer (D-NY) "that Congress needs to pass the bipartisan legislation that came from the House sanctioning the Court for such an outrage and President Biden needs to sign it." Representative Michael Waltz (R-FL) added that "The ICC has no credibility and these allegations have been refuted by the US government." Senator Tom Cotton (R-AR) called for military force, according to the domestic law The Hague Invasion Act, to use "all means necessary and appropriate." Senator John Fetterman (D-PA) wrote on social media that the ICC has "No standing, relevance, or path. Fuck that." His colleagues, Representative Jared Moskowitz (D-FL) accused the ICC of having an "antisemitic double standard," Senator Jacky Rosen (D-NV) called on Biden to "use his authority to swiftly respond to this overreach" and Representative Ritchie Torres (D-NY) accused the ICC of "criminalizing self-defence." :Representative Rashida Tlaib (D-MI) said that the ICC's "long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending." Dearborn mayor Abdullah Hammoud stated that he would uphold the ICC's decision and local police would arrest Netanyahu if he entered the city, despite the U.S. not being a party member of the ICC. New York City 2025 mayoral Democratic nominee Zohran Mamdani also vowed to arrest Netanyahu if he visited the city under Mamdani's administration, to which Netanyahu responded that he would come to the city regardless. :In February 2025, the second Donald Trump administration signed Executive Order 14203 sanctioning ICC personnel with asset freezes and travel bans. The Executive Order followed the failure to pass sanctions in the legislature against the ICC for its Benjamin Netanyahu arrest warrant. == See also ==