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Has Israel committed war crimes in Gaza?
In brief
The International Criminal Court has issued arrest warrants for Prime Minister Netanyahu and former Defense Minister Gallant, and Israel rejects the court's jurisdiction. The same court issued a warrant for a Hamas leader for the 7 October attack. Allegations are numerous and Israel says its military investigates them.
What is claimed
- On 21 November 2024 the ICC's Pre-Trial Chamber issued arrest warrants for Benjamin Netanyahu and Yoav Gallant for the war crime of starvation as a method of warfare and for crimes against humanity including murder and persecution.
- Human rights groups have alleged attacks on aid convoys, hospitals and civilian homes, and the killing of aid workers.
What the record shows
- Israel is not a member of the ICC, but the Palestinian territories accepted its jurisdiction in 2015. Israel disputes that Palestine qualifies as a state.
- The court also issued a warrant for Hamas military chief Mohammed Deif, which was later withdrawn after Israel said it had killed him.
- Israel challenged the court's jurisdiction. In April 2025 the Appeals Chamber ordered the lower chamber to review that challenge again. The court refused to suspend the warrants in July 2025 and rejected a further appeal in October 2025. As of the latest reports found, the jurisdiction question remains pending.
- Hamas and other groups are accused of war crimes for the 7 October attack, the taking of hostages and the use of civilian areas for military purposes.
The case and the answers
The strongest case against
- Israel's own investigations rarely lead to indictments, so international courts must step in.
- Restrictions on aid and strikes on civilian sites amount to violations of the laws of war.
The best answers
- The ICC lacks jurisdiction because Israel is not a party and Palestine is not a sovereign state. Israel has its own independent system, led by the Military Advocate General.
- The warrants equate a democracy defending itself with the leaders of a terror group.
- Hamas operates from hospitals, schools and tunnels, which turns those sites into legitimate targets under the laws of war when they are used for military purposes.
- Israel says it takes precautions that other armies do not, including warnings and evacuation routes.
Key dates
- 2015 Palestine accepts ICC jurisdiction.
- 21 Nov 2024 ICC issues warrants for Netanyahu and Gallant.
- Apr 2025 Appeals Chamber sends the jurisdiction challenge back for review.
- Jul 2025 ICC refuses to suspend the warrants.
- Oct 2025 ICC rejects Israel's further appeal.
Who addresses this
Profiles with articles, videos and podcasts. Open a profile for the full list.
- Natasha HausdorffInternational law and the ICC
- Jonathan ConricusFormer IDF spokesperson
- Richard KempBritish army veteran on war law
- John SpencerUrban warfare
Direct sources and further study
- ICC: Situation in the State of PalestinePrimary documents and warrants
- B'Tselem and Yesh Din on investigationsIsraeli organizations on how rarely soldiers are prosecuted
- Israeli government and IDF statements on investigationsThe IDF Military Advocate General's reports
- Geneva Conventions and Additional Protocol IThe laws of war
Related on NOWlej
Gaza · Hamas · IDF · October 7 attack (2023)
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Links to outside sources are provided for study and do not imply endorsement. Figures and rulings are described as of the date shown.