Group of military experts claim ICC charges against Israel lack sufficient evidence, caution against arresting Netanyahu and Gallant

A consortium of military experts, known as the High Level Military Group (HLMG), has filed a legal brief with the International Criminal Court urging the judges to reject ICC Prosecutor Karim Khan's request for arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

The HLMG consists of former chiefs of staff and senior military officers from NATO and other democratic countries. It was established to analyze and address issues in warfare against enemies who disregard the Law of Armed Conflict (LOAC) while exploiting other countries' adherence to these laws for their own benefit.

The HLMG came to Israel in July, where they met with IDF officials and visited military sites and humanitarian aid sites both in Israel and Gaza. 

Based on my 3 research trips into Gaza since October 7th, I 100% agree with the commission and stand by my findings that the @IDF have implemented more measure to prevent civilian harm than any military in history.https://t.co/Ro9hz1pzT5

— John Spencer (@SpencerGuard) August 7, 2024

In their brief to the ICC, the HLMG specifically addressed two claims which Khan put forward to justify arrest warrants for Netanyahu and Gallant: Charges of alleged deliberate starvation of Palestinian civilians in Gaza and charges of alleged deliberate killing of Palestinians by IDF soldiers under military orders. 

The brief stated that the allegations against Netanyahu and Gallant were not supported by the documentation.

The HLMG found no evidence that Israel or the IDF adopted a deliberate strategy of restricting food to the civilian population. They noted that IDF operations to clear Hamas operatives from the area and to prepare for an invasion of Gaza took priority over providing humanitarian aid. During the same time, due to the massive call up of reserve soldiers, the IDF had problems distributing food to its own soldiers. 

Following the resolution of those issues, the IDF began to oversee humanitarian aid convoys into Gaza. The HLMG called out prosecutor Khan for suggesting that Israel was responsible for the closure of the Erez and Rafah crossings into Gaza, when Hamas attacked the Erez crossing itself on during its invasion and terror attack Oct 7, and the Rafah crossing was a joint project involving Israel and Egypt. 

The HLMG also criticized the allegations of deliberate attacks against civilians by IDF troops, calling attention to Hamas’ previously documented strategy of using civilians as human shields. 

They noted that the IDF has implemented strict measures to minimize civilian casualties, using precision weapons and early warning systems, including “roof knocks," in which minimal pre-attack impacts warn civilians to leave a building. 

The group further emphasize that on many occasions, the IDF’s significant efforts to minimize civilian casualties compromised the effectiveness of its own military operations. 

The HLMG concluded that the IDF has acted in accordance with international laws regarding warfare and warned that issuing arrest warrants based on insufficient evidence could set a precedent that would hinder future legitimate military operations by other democratic nations.