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The court said there is probable cause that Deif is responsible for war crimes and crimes against humanity, including taking hostages, rape, and extermination.
By EVE YOUNG NOVEMBER 21, 2024 18:19 Updated: NOVEMBER 21, 2024 18:27
Mohammed Deif and the ICC.
(photo credit: REUTERS/YVES HERMAN, SCREENSHOT VIA X)
The ICC issued on Thursday an arrest warrant for Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who the IDF confirmed it killed in July. The warrant for Deif was issued at the court's composition for the Situation in the State of Palestine, at which it also issued arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
The Prosecution issued the warrant and indicated that it would continue to gather information with respect to Deif's death after the prosecution said that it is not in a position to determine his death at this time.
Israel has confirmed Deif's death, and Hamas told Arabic newspaper Asharq Al-Awsat that Deif was killed earlier this month.
Mohammed Deif's crimes
In a statement on the issuing of the warrant, the court said that there are reasonable grounds to believe that Deif is responsible for crimes against humanity, including murder, extermination, torture, rape, and more.
The court also said that there are reasonable grounds to believe that Deif is responsible for war crimes, including murder, cruel treatment, torture, taking hostages, and rape and other form of sexual violence.
The court found reasonable grounds to believe that Deif's alleged crimes against humanity were "part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel."
The Prosecution had initially also filed applications for warrants of arrest for Hamas heads Ismail Haniyeh and Yahya Sinwar, but following confirmation of their deaths, the Chamber granted the withdrawal of these applications.
The ICC expanded on the crimes Deif is accused of, saying it found probable cause to believe that on October 7, armed men entered communities in Israel's South and the site of the Supernova festival, carrying out mass killings.
These attacks included instances of firing on people seeking shelter and throwing grenades at them. The killings qualify as "the crime against humanity and the war crime of murder," the court said.
The court found that at some sites, "attackers fired at people with semi-automatic weapons and/or rocket-propelled grenades. In light of this, the Chamber concluded that there are reasonable grounds to believe that the war crime of intentionally directing attacks against civilians was committed," the ICC said.
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"The Chamber also found that the conduct took place as part of a mass killing of members of the civilian population, and it therefore concluded that there are reasonable grounds to believe that the crime against humanity of extermination was committed," the court added.
The court also found that some hostages were subject to sexual and gender-based violence while in captivity. This included "forced penetration, forced nudity, and humiliating and degrading treatment," the court said.
"Mr Deif, in his role as the commander of the al-Qassam Brigades, and through his actions prior to, during and after the 7 October Operation, is responsible for the commission of these crimes," the court said.
The arrest warrant for Deif was classified as secret to "protect witnesses and to safeguard the conduct of investigations," the court said, adding that it decided to release information about the arrest since "conduct similar to that addressed in the warrant of arrest appears to be ongoing, in particular the holding of a number of hostages captive."
The court added that it is in the interest of the victims and their families to be aware of the warrant.
Jerusalem Post Staff contributed to this report.
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