Argument: The ICC Prosecutor Should Seek, and the Court Should Issue, an Arrest Warrant for Bezalel Smotrich for War Crimes in Gaza

Introduction

Karim Khan QC (@KarimKhanQC), as the Prosecutor of the International Criminal Court (@IntlCrimCourt), has a mandate to investigate and prosecute individuals responsible for the most serious crimes of international concern, including war crimes, when states are unwilling or unable to do so genuinely. Bezalel Smotrich (@bezalelsm), Israel’s Finance Minister, has played a direct and significant role in the imposition of a six-week blockade on Gaza, explicitly vowing on April 8, 2025, to prevent all humanitarian aid, including “not a single grain of wheat,” from entering the territory. This blockade, confirmed by the UNRWA on April 12, 2025, has led to severe humanitarian consequences, including widespread hunger and the depletion of food stocks. Smotrich’s actions constitute war crimes under international humanitarian law (IHL), and the ICC must act urgently to hold him accountable.

1. Jurisdiction of the ICC Over the Situation in Gaza

The ICC has jurisdiction over crimes committed on the territory of Palestine, including Gaza, as part of its ongoing investigation into the Situation in the State of Palestine, which dates back to 2014. This investigation covers any crimes committed by any party on Palestinian territory, including current events in Gaza. As a state party to the Rome Statute since 2015, Palestine has accepted the ICC’s jurisdiction, and the Court’s Pre-Trial Chamber confirmed in 2021 that its territorial jurisdiction includes Gaza, the West Bank, and East Jerusalem. Smotrich, as an Israeli official whose actions directly impact Gaza, falls within the ICC’s personal jurisdiction for crimes committed on Palestinian territory, regardless of Israel’s non-membership in the Rome Statute.

2. Evidence of War Crimes Attributable to Bezalel Smotrich

Smotrich’s statement and the resulting blockade constitute war crimes under the Rome Statute, specifically Articles 8(2)(b)(xxv) (starvation as a method of warfare), 8(2)(b)(iii) (intentionally directing attacks against humanitarian assistance), and 8(2)(b)(ix) (collective punishment). The evidence is as follows:

• Starvation as a Method of Warfare (Article 8(2)(b)(xxv))
  • The Rome Statute defines this war crime as “intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies.”
  • Smotrich explicitly stated on April 8, 2025, that “not even a grain of wheat will enter Gaza,” a policy that aligns with the six-week blockade confirmed by the UNRWA, starting around late February 2025. The UNRWA reported that this blockade has led to the depletion of food stocks, closure of bakeries, and widespread hunger, with babies and children going to bed hungry. The blockade follows the destruction of 67.6% of Gaza’s cropland, making the population entirely reliant on external aid.
    Smotrich’s intentional deprivation of wheat—a staple food—constitutes starvation as a method of warfare, violating Article 54 of Additional Protocol I (API) and Rule 53 of Customary IHL .
• Intentionally Directing Attacks Against Humanitarian Assistance (Article 8(2)(b)(iii))
  • This war crime involves intentionally directing attacks against personnel, installations, material, units, or vehicles involved in humanitarian assistance, as well as impeding their operations.
  • Smotrich’s vow to block all humanitarian aid directly impedes relief operations, including those by the UNRWA, which reported that “all basic supplies are running out in #Gaza” due to the blockade. Web results confirm that Israel has systematically restricted aid, with Amnesty International noting a “flagrant violation” of the ICJ’s January 2024 order to ensure humanitarian assistance . Smotrich’s policy targets the very mechanisms of humanitarian aid, violating Article 70 of API and Rule 55 of Customary IHL.
• Collective Punishment (Article 8(2)(b)(ix))
  • While the Rome Statute does not explicitly list collective punishment as a standalone war crime, it is widely recognized as a violation of IHL under Article 33 of the Fourth Geneva Convention (GCIV) and Rule 103 of Customary IHL, and can be prosecuted as part of other war crimes, such as intentionally causing great suffering.
  • The six-week blockade affects all 2.23 million residents of Gaza, punishing the entire civilian population for the actions of Hamas. The UNRWA post highlights the impact on vulnerable groups, noting that “babies, children are going to bed hungry” . Smotrich’s prioritization of the “complete defeat of Hamas” over humanitarian concerns demonstrates intent to collectively punish Gaza’s civilians, violating Article 33 of GCIV and Rule 103 of Customary IHL .

3. Smotrich’s Individual Criminal Responsibility

Under Article 25 of the Rome Statute, individuals can be held criminally responsible for ordering, soliciting, or inducing the commission of war crimes.
Smotrich, as Israel’s Finance Minister, holds a position of authority and has direct influence over policies affecting Gaza, including the blockade. His public statement on April 8, 2025, to block all aid, including wheat, demonstrates intent and a direct contribution to the commission of war crimes: - Ordering or Inducing: Smotrich’s explicit policy to prevent aid from entering Gaza, as a senior government official, effectively orders or induces the implementation of the blockade, which has been in place for six weeks as confirmed by UNRWA . - Knowledge and Intent: Smotrich’s statement prioritizes the defeat of Hamas over humanitarian concerns, showing awareness of the blockade’s impact on civilians. The UNRWA’s report of widespread hunger and the ICJ’s prior rulings on the humanitarian crisis in Gaza indicate that Smotrich knew or should have known that his policy would cause starvation and suffering. - Significant Contribution: As Finance Minister, Smotrich has authority over economic policies, including those affecting aid and commercial supplies to Gaza. His public endorsement of the blockade, combined with his role in the Settlements Administration overseeing West Bank policies , suggests a broader strategy to marginalize Palestinians, with the Gaza blockade as a key component.

4. Complementarity and the Need for ICC Action

The ICC operates on the principle of complementarity, prosecuting cases only when states are unwilling or unable to do so genuinely . Israel has shown no willingness to investigate or prosecute Smotrich for his role in the blockade: - Israel’s government, including Smotrich, has continued to defy international calls for humanitarian access, as evidenced by the blockade’s persistence despite the ICJ’s January 2024 ruling . - Smotrich’s statement and the blockade align with a broader policy of collective punishment and starvation, which Israel justifies on security grounds, claiming Hamas used ceasefire aid to rebuild its war machine.
However, this justification does not negate IHL obligations, and Israel’s failure to investigate these actions as potential war crimes demonstrates unwillingness. - The ICJ’s July 2024 ruling on the unlawful nature of Israel’s occupation further underscores Israel’s systemic violations of international law, suggesting a lack of genuine domestic accountability .

Given Israel’s unwillingness to act, the ICC has a responsibility to intervene to ensure justice for the victims in Gaza.

5. Urgency of Issuing an Arrest Warrant

The situation in Gaza demands urgent action by the ICC due to the ongoing and escalating humanitarian crisis: - Severity of the Crisis: The UNRWA post on April 12, 2025, states that after six weeks of the blockade, food stocks are nearly gone, bakeries are closed, and hunger is spreading, with Gaza “inching closer towards very, very deep hunger” . The blockade follows the destruction of 67.6% of Gaza’s cropland, leaving the population entirely reliant on external aid . Smotrich’s policy risks mass starvation, a catastrophic outcome that requires immediate intervention. - Ongoing Nature of the Crimes: Smotrich’s statement on April 8, 2025, indicates a continuation and escalation of the blockade, which began in late February 2025. Without ICC action, these crimes will persist, further endangering Gaza’s 2.23 million residents. - Risk of Further Violations: Smotrich’s broader agenda, including his push for West Bank annexation with potential support from the incoming Trump administration in 2025 , suggests a pattern of escalating violations against Palestinians. An arrest warrant could deter further crimes by signaling that the international community will not tolerate such actions. - Precedent and Deterrence: The ICC has previously issued arrest warrants for senior officials in similar contexts, such as in Sudan and Libya, for crimes including starvation and collective punishment. Issuing a warrant for Smotrich would reinforce the ICC’s commitment to addressing war crimes in real time, particularly in high-profile cases involving senior officials.

6. Feasibility of ICC Action

Karim Khan has already demonstrated a commitment to investigating crimes in Palestine, visiting the Rafah Border Crossing in October 2023 and emphasizing his office’s jurisdiction over current events in Gaza . The ICC’s Pre-Trial judges can issue an arrest warrant if there is sufficient evidence, which the Prosecutor can request after gathering evidence and identifying a suspect . The evidence in this case is robust: - Smotrich’s public statement, reported on April 8, 2025, provides direct evidence of intent . - The UNRWA’s confirmation of the six-week blockade and its humanitarian impact provides firsthand testimony . - Web results, including reports from Amnesty International and the ICJ’s rulings, corroborate the systematic nature of the violations .

While the ICC relies on state cooperation for arrests , issuing a warrant would place significant pressure on Israel and its allies, particularly as international criticism mounts, with the UK, France, and Germany warning of IHL breaches .

7. Moral and Legal Imperative

The ICC’s mandate is to end impunity for the most serious crimes and provide justice for victims. The blockade’s impact on Gaza’s civilians—particularly children, as highlighted by UNRWA —demands accountability. Smotrich’s actions not only violate IHL but also contribute to the unlawful nature of Israel’s occupation, as per the ICJ’s July 2024 ruling. Failing to act would undermine the ICC’s credibility and embolden other leaders to commit similar crimes.

Conclusion

Karim Khan QC should urgently seek an arrest warrant for Bezalel Smotrich for the war crimes of starvation as a method of warfare, intentionally impeding humanitarian assistance, and collective punishment, as evidenced by his April 8, 2025, statement and the six-week blockade on Gaza. The ICC must issue this warrant to address the ongoing crisis, deter further violations, and uphold justice for Gaza’s civilians. The evidence is clear, the legal basis is solid, and the humanitarian imperative is undeniable. The time for action is now.