Request for Issuance of International Arrest Warrants Against Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant for Non-Compliance with the Provisional Measures Imposed by the International Court of Justice on January 26, 2024, Regarding Grave Violations Committed by Israeli Occupation Forces During the War on Gaza Following the Issuance of This Decision

We submit this legal memorandum to the Pre-Trial Chamber of the International Criminal Court (ICC) to request the issuance of international arrest warrants against Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Defense Minister of Israel. This request is based on the ICC Prosecutor’s submission dated May 20, 2024, which calls for immediate action due to reasonable grounds to believe that the accused bear criminal responsibility for war crimes and crimes against humanity committed in the Palestinian territories.

Furthermore, this complaint is linked to Israel’s non-compliance with the provisional measures imposed by the International Court of Justice (ICJ) on January 26, 2024. These measures were in response to the grave violations committed by Israeli occupation forces during the war on Gaza, which continued even after the issuance of the ICJ’s decision.

Presentation of Violations:

This report provides a detailed examination of the key areas in which Israel violated the ICJ’s decision:

First Aspect: Genocide through Killing in Gaza and Violation of the Right to Life:

Since the issuance of the ICJ’s decision, the Israeli occupation army has killed over 7,823 Palestinians, including 2,703 children and 1,481 women, in addition to injuring approximately 9,746 people. This constitutes a blatant violation of the right to life under international standards.

Second Aspect: Genocide through Causing Psychological and Moral Harm:

The Palestinian population in Gaza has been subjected to systematic campaigns of psychological and moral harm, which constitute genocide aimed at destroying the psychological and moral identity of the Palestinian people.

Third Aspect: Genocide by Imposing Living Conditions Intended to Cause Physical Destruction:

Israel has imposed a severe blockade that has led to the deterioration of living conditions for the population in Gaza, deliberately aimed at causing widespread physical destruction.

Fourth Aspect: Genocide through Starvation and Obstruction of Humanitarian Aid:

The ongoing Israeli blockade on Gaza has resulted in the starvation of the population and the prevention of essential humanitarian supplies, constituting a war crime and genocide under the Rome Statute.

Fifth Aspect: Genocide through Imposing Measures Intended to Prevent Births:

Israel has employed measures aimed at preventing births among Palestinians in Gaza, which constitutes genocide under international law.

Sixth Aspect: Public Incitement to Genocide:

There has been an increase in official Israeli rhetoric and media discourse calling for the extermination of the Palestinian population, which amounts to public incitement to genocide.

Legal Basis for the Request:

Relevant Legal Provisions:

  • Article 58 of the Rome Statute of the International Criminal Court: Grants the Pre-Trial Chamber the authority to issue arrest warrants if there are reasonable grounds to believe that the individual has committed a crime within the jurisdiction of the Court.
  • Article 7 of the Rome Statute: Defines crimes against humanity, including persecution, extermination, and other inhumane acts.
  • Article 8 of the Rome Statute: Defines war crimes, including the deliberate starvation of civilians as a method of warfare.

Jurisdiction:

The Prosecutor asserts that the ICC has jurisdiction over crimes committed by Israelis in the Palestinian territories under the provisions of the Rome Statute. We request that the Pre-Trial Chamber reject the appeals submitted by some governments and other parties, which are based on legal arguments related to the Oslo Accords and Israel’s assertions that it is conducting investigations into the alleged war crimes.

We affirm that the Court has full jurisdiction to investigate and prosecute these crimes, regardless of Israel’s claims of internal investigations.

Criminal Responsibility:

The Prosecutor notes that the evidence collected by his office indicates that Netanyahu and Gallant bear criminal responsibility for war crimes and crimes against humanity committed in the Palestinian territories since at least October 8, 2023.

The crimes they are believed to be involved in include: starvation of civilians as a method of warfare, causing severe suffering or serious injury to body or health, deliberate killing, deliberate attacks on civilian populations, extermination, and persecution.

Demands:

Based on the above, we request the Pre-Trial Chamber of the ICC to:

1. Issue International Arrest Warrants Against Benjamin Netanyahu and Yoav Gallant:

Pursuant to Articles 58, 7, and 8 of the Rome Statute, we request the issuance of international arrest warrants against the accused based on compelling evidence of their involvement in war crimes and crimes against humanity.

2. Reject Legal Appeals:

We request that the Pre-Trial Chamber reject all appeals aimed at obstructing justice, emphasizing that any unjustified delay in these proceedings adversely affects the rights of the victims.X

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