Egypt Daily News – -Netanyahu and Gallant deliberately and knowingly deprived the civilian population of Gaza of things indispensable to their survival.
- Reasonable evidence of crimes against humanity, premeditated murder, and deprivation of families of aid and medical materials.
- The two defendants bear criminal responsibility in their capacity as civilian superiors for war crimes
The decision of the International Criminal Court to issue an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant for committing war crimes in Gaza can be described as very important in the context of international humanitarian law and also historic because it is the first of its kind issued against political leaders on the ground and the highest level in Israel because of the Palestinian issue.
Netanyahu and Gallant deliberately and knowingly deprived the civilian population of Gaza of things indispensable to their survival.
- Reasonable evidence of crimes against humanity, premeditated murder, and deprivation of families of aid and medical materials.
- The two defendants bear criminal responsibility in their capacity as civilian superiors for war crimes.
In a clear reference to recognizing the sovereign status of the State of Palestine, the court confirmed that Israel and Palestine are signatory parties to the Geneva Conventions of 1949, but Israel occupies parts of Palestine, and that the law relating to non-international armed conflict applies to the fighting between Israel and Hamas.
The following are the most important accusations that the court found to be reasonable enough to issue an arrest warrant for Netanyahu and Gallant:
Their alleged conduct relates to the activities of Israeli governmental bodies and armed forces against the civilian population of Palestine, and more specifically civilians in Gaza. Which makes the matter related to an international armed conflict, as well as the relationship between the occupying power and the population in the occupied territories.
The alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.
Netanyahu and Gallant intentionally and knowingly deprived the civilian population of Gaza of things indispensable to their survival, including food, water, medicines and medical supplies, as well as fuel and electricity, from October 8, 2023 to at least May 20, 2024.
- A major role for both Netanyahu and Gallant in obstructing humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means available to them.
Their behavior disrupted the ability of humanitarian organizations to provide food and other basic goods to people in need in Gaza.
The restrictions they imposed, along with cutting off electricity and reducing fuel supplies, had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care.
Decisions allowing or increasing humanitarian aid into Gaza were often conditional, and were not made with the aim of fulfilling Israel’s obligations under international humanitarian law or ensuring that the civilian population in Gaza was adequately provided with the goods they needed. In response to pressure from the international community or requests from the United States of America.
In any case, humanitarian aid was not sufficient to improve the population’s ability to access basic goods.
- Despite warnings and appeals made by, among others, the UN Security Council, the UN Secretary-General, states, governmental organizations and civil society organizations regarding the humanitarian situation in Gaza, only minimal humanitarian assistance has been allowed.
Netanyahu and Gallant bear criminal responsibility for the war crime of starvation as a method of war.
- The lack of food, water, electricity, fuel and specific medical supplies created living conditions that would lead to the destruction of part of the civilian population in Gaza, resulting in the death of civilians, including children, due to malnutrition and dehydration.
The Chamber found that there were reasonable grounds to believe that murder, which constituted a crime against humanity, had been committed against these victims.
Netanyahu and Gallant are also responsible for inflicting severe suffering on people in need of treatment by restricting or preventing the access of medical supplies and medicines to Gaza.
Despite having the authority to take available measures to prevent or suppress the commission of crimes or to ensure that the matter is referred to the competent authorities, they failed to do so.
They deprived a large number of the civilian population in Gaza of their basic rights, including the right to life and health, and that the population was targeted on political and customary grounds. Therefore, the Chamber found that the crime of persecution was established.
They bear criminal responsibility, as civilian leaders, for the war crime of deliberately directing attacks against the civilian population in Gaza.
