The International Criminal Court (ICC) has issued arrest warrants for the Israeli Prime Minister Benjamin Netanyahu, former defence minister Yoav Gallant, as well as senior Hamas official Mohammed Deif.
The warrants are for alleged crimes against humanity and war crimes committed during the Israel-Gaza war.
The ICC said there were reasonable grounds to believe Mr Netanyahu and Mr Gallant "bear responsibility for … the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts".
Israel challenged the legality of the ICC prosecutor's request to issue arrest warrants. The court has rejected it, saying Israel's acceptance of the court's jurisdiction is not required.
Australia's Foreign Minister Penny Wong commented on the news saying the country respected the ICC's independence and importance of international law.
The Israeli Prime Minister's office was quick to respond to the news, rejecting it as "anti-Semitic".
"Israel rejects with disgust the absurd and false actions and charges against it by the International Criminal Court, which is a biased and discriminatory political body," the office said in a statement.
"There is nothing more just than the war that Israel has been waging in Gaza since the seventh day of October 2023, after the terrorist organisation Hamas launched a murderous attack against it, and carried out the greatest massacre committed against the Jewish people since the Holocaust.
"Prime Minister Binyamin Netanyahu will not give in to pressure, will not flinch and will not withdraw until all the war goals set by Israel at the start of the campaign are achieved."
Senior Hamas official Basem Naim said the decision was an "important step on the path to justice".
"But it remains a limited and spiritual step if it is not backed practically by all countries."
The ICC also issued an arrest warrant for senior Hamas official Deif.
The court said there were reasonable grounds to believe Deif was responsible "for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence".
It said there are also reasonable grounds to believe he's responsible for "the war crimes of murder, cruel treatment, torture; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence".
Israel had said it killed Deif in an air strike but Hamas neither confirmed nor denied this.
The alleged crimes
The ICC warrants say Mr Netanyahu and Mr Gallant are criminally responsible because they are the "civilian superiors" — in other words, they are at the top of the chain of command when it comes to Israeli forces carrying out such offences.
It said that the crimes against the population in Gaza were "widespread and systematic" and that they "intentionally and knowingly deprived the civilian population in Gaza" of food, water and medical supplies.
The court said the UN and other humanitarian organisations had issued warnings, but "only minimal humanitarian assistance was authorised".
It said there were reasonable grounds to believe there were two instances where attacks "were intentionally directed against civilians".
With regards to Mohammed Deif, the ICC warrants said he was responsible for the crimes committed by Hamas fighters on October 7.
It said Hamas "attackers" had "fired at people while they were seeking shelter and throw grenades at them."
The court said the conduct was "part of a mass killing of members of the civilian population" and that Israeli hostages, particularly women had been subjected to sexual violence including rape.
Multiple countries vow to uphold arrest warrants
The move comes after ICC prosecutor Karim Khan announced on May 20 that he was seeking arrest warrants for alleged crimes connected to the Hamas-led attack on Israel on October 7, 2023, and Israel's military response in Gaza.
Mr Khan said in a statement the warrants were dependent on the cooperation of its member nations.
"Today, our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine," he said.
"In my own meetings with the victims and families of hostages taken from Kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons."
Mr Khan had also asked the court to consider warrants for Hamas officials Ismail Haniyeh and Yahya Sinwar, but those applications were withdrawn after they were killed.
Following the announcement, representatives in the EU, Italy, France, the Netherlands, Canada, Ireland and Jordan indicated they respected and could implement the ICC warrants.
But a White House Security Council spokesman said the United States "fundamentally rejects" the court's decision to issue warrants against the Israeli officials.
Later US President Joe Biden issued a statement saying the warrants for the Israeli leaders was "outrageous".
"Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security."
Israeli politicians slam ICC decision
Israel's President, Isaac Herzog, described the ICC's decision as a "dark day for justice" and a "dark day for humanity".
"Taken in bad faith, the outrageous decision at the ICC has turned universal justice into a universal laughing stock," he said in a post on X.
"It makes a mockery of the sacrifice of all those who fight for justice — from the Allied victory over the Nazis till today."
Former Israeli prime minister Naftali Bennett called the ICC's decision to issue arrest warrants against Mr Netanyahu and his former defence minister a "mark of shame".
Israel's main opposition leader Yair Lapid also denounced the move, calling it "a prize to terror".
Benny Gantz, who served in an emergency government with Mr Netanyahu from the start of the war for eight months, called the arrest warrants "moral blindness".
Israeli authorities will not enforce the arrest warrant
Israel is not a member state of the ICC, and therefore does not recognise its jurisdiction in Israel and the Occupied Palestinian Territories.
That means Israeli authorities will not arrest Mr Netanyahu or Mr Gallant, but the warrants do impose obligations on member countries to enforce an arrest should the men travel overseas.
Australia is one of the 124 member states, and Prime Minister Anthony Albanese had been keen to avoid speculating how his government would act when the warrant applications were made in May.
At the time, federal opposition leader Peter Dutton had accused the ICC of anti-Semitism, saying it was "completely and utterly repugnant" to liken the actions of Mr Netanyahu to the leadership of Hamas.
Following the news Ms Wong released a short statement on X calling for a ceasefire and a hostage release.
"Australia respects the independence of the ICC and its important role in upholding international law," she wrote.
"We have been clear that all parties to the conflict must comply with international humanitarian law.
"Civilians must be protected. Hostages must be released. Rapid, safe and unimpeded humanitarian relief must reach civilians. Aid workers must be protected to enable their lifesaving work."
Soon after the ICC announcement, Dutch media cited the country's foreign minister Caspar Veldkamp saying the Netherlands would act on the arrest warrant if either Mr Netanyahu or Mr Gallant entered the country.
The ICC is based in the Dutch city of The Hague.
The French foreign ministry said it would act in line with ICC principles.
The news from the ICC broke as the death toll in Gaza surpassed 44,000 people.
"It's a huge moment of relief, feeling that we are heard and seen," Gaza political analyst Muhammad Sehahda told the ABC.
"It's also a moment of vindication that Palestinians have been warning the entirety of the world for decades that they are subjected to systematic war crimes and crimes against humanity.
"On the other side, we've been faced with a huge campaign of delegitimisation, smears, accusations of anti-Semitism for merely complaining and describing our daily living situation.
"It's a vindicating moment for Palestinians to see that what we have been complaining about is the actual reality."
