The undersigned organisations welcome the significant decisions by Pre-Trial Chamber I of the International Criminal Court (ICC) to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Mr. Mohammed Diab Ibrahim Al-Masri for crimes against humanity and war crimes. As the Assembly of States Parties to the Rome Statute of the ICC convenes in The Hague this week, we call on all state parties, including the EU Member States and relevant third states to honour their obligation under Article 89 of the Rome Statute to fully cooperate with the ICC, including facilitating arrests and ensuring that judicial processes are upheld. We urge the ICC Office of the Prosecutor to persist in its investigation of international crimes committed in the occupied Palestinian territory since 13 June 2014 and to rapidly request the issuance of additional arrest warrants for other State officials, military commanders, and those in positions of authority who are allegedly implicated in committing such crimes.
These arrest warrants underscore the gravity of the alleged crimes committed by the Israeli Prime Minister and former Defense Minister, between October 8, 2023, and May 20, 2024, including the war crime of starvation as a method of warfare and crimes against humanity, such as murder, persecution, and other inhumane acts.
The Chamber highlighted the war crime of intentionally directing attacks against civilian populations and detailed gross violations, including intentionally depriving Gaza’s civilian population of food, water, electricity, and medical supplies. Furthermore, these actions contributed to conditions of life calculated to bring about the destruction of part of the civilian population, resulting in immense suffering, unnecessary deaths, and extreme pain during medical procedures.
The Chamber unanimously rejected challenges brought by the State of Israel under Articles 18 and 19 of the Rome Statute, reaffirming the Court’s jurisdiction over the Situation in the State of Palestine.
The undersigned organisations call on all state parties to fully cooperate with the ICC in executing these arrest warrants as required under Article 89 of the Rome Statute, including facilitating arrests and ensuring judicial processes are upheld. We take note that several European states, including Ireland, the Netherlands, Sweden, the United Kingdom, Belgium, Finland, and Slovenia, have publicly supported the ICC’s independence after its rulings. While this support is commendable, it must now translate into concrete action, beyond mere expressions of support. This includes diplomatic and logistical measures to ensure suspects are apprehended and brought to The Hague, as well as a commitment to countering any retaliatory measures or sanctions imposed against the Court or its supporters. The warrants also highlight the need for international support to protect the ICC and its mechanisms from ongoing campaigns led by Israel and its allies aimed at undermining the Court’s credibility and functionality. We, therefore, urge states to reaffirm their steadfast commitment to the Court’s mission and demonstrate clear readiness to cooperate in enforcing its warrants and upholding international justice.
Europe has long presented itself as a guardian of international law and justice, and, as former HRVP Borell stated during his press conference in Amman on 21 November 2024, this “is not a political decision. It is a decision of a Court, of a Court of Justice, of the International Criminal Court.” and he continues “This decision is a binding decision and all States, all States parties of the [Rome Statute of the] Court, which include all members of the European Union, are bound to implement this court decision”.
States must now rise to meet their responsibilities under international law, or risk being complicit in perpetuating these grave crimes. History will not judge this moment by promises but by actions.
List of signatories
Act Church of Sweden
Al-Haq
Al Mezan Center for Human Rights
B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories
CIHRS – Cairo Institute for Human Rights Studies
CNCD – 11.11.11.
EuroMed Rights
FIDH- International Federation for Human Rights
JLAC – Jerusalem Legal Aid and Human Rights Center
Kayan Feminist Organization
NOVACT Institute for Nonviolence
PCATI – The Public Committee Against Torture in Israel
PCHR – Palestinian Centre for Human Rights
PHRI – Physicians for Human Rights – Israel
PHRO – Palestinian Human Rights Organization
Plateforme des ONG françaises pour la Palestine
Sadaka – The Ireland Palestine Alliance
WCLAC- The Women’s Centre for Legal Aid and Counselling