Last week, the International Criminal Court (ICC) made history by issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over allegations of war crimes and crimes against humanity.
A panel of three judges, known as Pre-Trial Chamber I, determined that both leaders “bear criminal responsibility for the following crimes as co-perpetrators, committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”
The decision came despite immense efforts by the US and Israel to challenge the ICC's jurisdiction.
Both governments employed tactics ranging from diplomatic pressure to overt threats, yet the judges stood firm in light of the compelling evidence of atrocities on civilians in Gaza.
This marks the first arrest warrant ever issued against a sitting leader of a state closely allied with Western powers, adding to the historic nature of the decision.
The judges behind the landmark decision
The ICC is composed of 18 judges elected for nine-year terms by the Assembly of States Parties (ASP) to the Rome Statute, the Court's founding document.
These judges are assigned to various chambers, including Pre-Trial, Trial, and Appeals. They are selected for their high moral character, impartiality, and qualifications to hold the highest judicial offices in their respective countries.
Here are the profiles of the three judges who issued the arrest warrants as part of Pre-Trial Chamber I.
Judge Nicolas Guillou
Judge Nicolas Guillou, a French national, began his term at the ICC in March 2024, and will serve until 2033.
He has extensive experience in international law and previously served as a Pre-Trial Judge at the Kosovo Specialist Chambers.
Additionally, he held roles such as Chef de Cabinet at the Special Tribunal for Lebanon and Liaison Prosecutor at the US Department of Justice.
His career also includes positions in the French Ministry of Justice, where he advised on criminal and diplomatic matters.
Judge Reine Alapini-Gansou
Judge Reine Alapini-Gansou, from Benin, has been serving since 2018 and is currently the Second Vice-President of the ICC.
She has a distinguished career in human rights, having served for 12 years at the African Commission on Human and Peoples' Rights (ACHPR).
During her time at the ACHPR, she chaired the commission and acted as Special Rapporteur on human rights defenders in Africa.
Her contributions to human rights also include roles in UN commissions investigating rights violations and co-chairing a joint working group on special procedures for the UN and ACHPR.
Judge Beti Hohler
Judge Beti Hohler, a Slovenian national, began her term at the ICC in March 2024 to serve until 2033.
Before joining the ICC, she worked as a Trial Lawyer in the ICC’s Office of the Prosecutor, gaining significant expertise in international criminal law.
Judge Hohler also worked for the EU Rule of Law Mission in Kosovo, where she advised international judges handling complex criminal cases.
Israel's attempts to undermine ICC process
In November, Israel sought to delay the ICC proceedings by questioning the impartiality of Judge Hohler, who had recently joined the Pre-Trial Chamber. The Israeli Attorney General argued that her previous role in the ICC Prosecutor’s Office might compromise her neutrality.
In response, the ICC issued a statement clarifying that Judge Hohler had not been involved in any investigations related to Palestine during her tenure at the Prosecutor’s Office.
She confirmed that she had neither directly nor indirectly participated in the Palestine case nor worked with any personnel assigned to it.
This was just one of many attempts to obstruct the Court’s pursuit of justice.
Since 2015, when former ICC Prosecutor Fatou Bensouda opened a preliminary examination into the situation in Palestine, the process has faced systematic delays.
Despite announcing in December 2019 that the criteria for an investigation had been met, Bensouda sought guidance from the Pre-Trial Chamber on the geographical scope of the Court's jurisdiction.
The Pre-Trial Chamber’s decision took nearly two years due to interventions from ICC member states and civil society organisations. It wasn’t until March 3, 2021, that a full investigation was finally launched.
Even then, obstruction persisted.
In May 2024, the ICC’s request for arrest warrants for Netanyahu and Gallant encountered further challenges.
In July, the UK added to the delays by questioning Palestine’s statehood and the ICC's jurisdiction, triggering yet another round of legal debates.
Despite these concerted efforts to block accountability, the ICC has made a historic step toward justice in Palestine, resisting pressure and systematic attempts to derail its work.
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