Israeli Prime Minister Benjamin Netanyahu
"Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense," Israeli Prime Minister Benjamin Netanyahu wrote in a post on X, formerly Twitter.
(Photo : LEO CORREA/POOL/AFP via Getty Images)

Israeli officials reportedly fear the International Criminal Court may be preparing to issue war crimes arrest warrants for embattled Prime Minister Benjamin Netanyahu and other top government officials for actions in Gaza.

The court is also believed to be weighing arrest warrants for unspecified Hamas leaders, the New York Times reported Sunday, citing five Israeli and foreign officials.

It's unclear what specific charges may be under consideration against either side but the Israeli officials could be accused of preventing humanitarian aid from reaching Gaza and of mounting an excessively harsh response to Hamas' Oct. 7 surprise attacks against Israel, two officials reportedly said.

The Israeli officials who spoke to the Times didn't say what information prompted their concerns but one said the potential ICC action had affected recent decisions by Israel.

The ICC declined to comment, as did the office of chief prosecutor Karim Khan, who has previously confirmed an investigation into incidents during the war.

Netanyahu's office also declined to comment. But the prime minister said Friday on social media that such ICC action would "set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression."

Bodies recovered in Gaza
People gather around the recovered bodies of victims killed by an Israeli bombardment in Nuseirat in central Gaza on Monday, April 29, 2024.
(Photo : AFP via Getty Images)

"Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense," Netanyahu wrote in a post on X.

The comments followed speculation by Israeli news outlets about potential arrest warrants, the Times said.

Hamas and the Israeli military didn't respond to inquiries, and the office of Israeli Defense Minister Yoav Gallant declined to comment on arrest warrant reports, the Times said.

The issuance of warrants would require approval by a panel of judges. It wouldn't necessarily lead to trials because the ICC, based in the Hague, has no police force and relies on its 124 member countries to make arrests.

Neither Israel nor the U.S. are members.

The court also cannot try defendants in absentia. It has warrants pending against more than a dozen international figures who remain at large, including Russian President Vladimir Putin.

Putin is wanted in connection with the alleged forced removal of Ukrainian children to Russia following the Russian invasion in 2022.

The ICC is an intergovernmental organization and tribunal that prosecutes individuals for genocide, crimes against humanity, war crimes and the crime of aggression. It aims to bring perpetrators to justice when national jurisdictions are unable or unwilling to do so.