Czechia responds to ICC arrest warrants for Netanyahu, Gallant, and former Hamas commander

Benjamin Netanjahu

On Thursday, the International Criminal Court (ICC), supported by the United Nations, issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and former Hamas commander Mohammed Deif, accusing them of war crimes and crimes against humanity. But what have Czech representatives made of the judicial orders?

ICC judges determined there were reasonable grounds to hold Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and former Hamas military commander Mohammed Deif accountable for alleged crimes committed from October 8, 2023, to May 20, 2024, the day arrest warrant applications were submitted.

The International Criminal Court in Haag | Photo: Jakov Minicc,  Eurojust,  Wikimedia Commons,  CC0 1.0 DEED

For Netanyahu and Gallant, the court cited charges of co-perpetrating the war crime of starvation as a method of warfare, as well as crimes against humanity including murder, persecution, and other inhumane acts. The court further cited that the Israeli siege of Gaza “created conditions of life calculated to bring about the destruction of part of the civilian population.”

Correspondent of Czech Radio in Brussels Zdeňka Trachtová further commented on what the ICC highlighted in its ruling:

“The court also emphasized that both [Gallant and Netanyahu] prevented the delivery of medicine to Gaza which meant that they were missing anesthetics and anesthetic appliances, so doctors were forced to operate on injured people and even perform amputations – including on children – without anesthesia.”

The warrant for Mohammed Deif, whom Israel claims was killed in a July airstrike, alleges crimes against humanity such as murder, extermination, torture, and sexual violence, alongside war crimes like murder, cruel treatment, and taking hostages.

War in Gaza | Photo: Mohammed Saber,  EPA/Profimedia

The ICC emphasized its ongoing investigations, acknowledging the uncertainty of Deif’s status as of November 15. Applications for arrest warrants against senior Hamas leaders Ismail Haniyeh and Yahya Sinwar were withdrawn after confirmation of their deaths.

In a statement released on Thursday, ICC Prosecutor Karim Khan emphasized that the primary focus should remain on the victims of international crimes in both Israel and the State of Palestine.

Khan highlighted his meetings with victims, including families of hostages taken on October 7 and residents of Gaza who have suffered significant losses. He underscored that the law serves everyone equally and aims to protect the rights of all individuals.

He clarified that the arrest warrants were requested in May, following an independent investigation and were based on objective, verifiable evidence assessed through a rigorous forensic process.

Daniel Drake | Photo: Czech Foreign Ministry

Spokesperson of the Ministry of Foreign Affairs Daniel Drake commented that, as a signatory of the Rome Statute, it is Czechia’s duty to respect and enforce the court's judicial orders:

“Czechia follows and will follow our international legal commitments. Cases of international arrests are under the jurisdiction of the public prosecutor's office and the police. So, this is not about a political decision because we live in a legal state.”

However, the spokesperson for Czech Prime Minister Petr Fiala, Lucie Ješátková, said that the Czech leader viewed the ruling as “unfortunate”:

“According to Prime Minister Petr Fiala, the unfortunate decision of the ICC weakens its authority in different cases when it puts the democratically-elected representatives of Israel on the same level as terrorist organizations.”