Karim A.A. Khan, the chief prosecutor of the International Criminal Court, announced on Monday that he plans to submit applications for arrest warrants at the ICC for Israeli Prime Minister Benjamin Netanyahu, Israeli Minister of Defense Yoav Gallant, and three senior Hamas leaders. Khan’s list of Hamas leaders includes the group’s political leader, Ismail Haniyeh, its military commander in the Gaza Strip, Yahya Sinwar, and the overall head of the group’s military wing, Mohammed Diab Ibrahim Al-Masri.
The ICC justices will evaluate the applications to ascertain whether the standard for the issuance of arrest warrants has been met in the context of Israel’s ongoing conflict with Hamas in Gaza.
Khan reiterated in a statement that international law and the laws of armed conflict are applicable to all. “Impunity is not a tenable option for any individual, be it a foot soldier, commander, or civilian leader. The deliberate deprivation of basic necessities for human existence, including the targeting of civilians or the taking of hostages, is not justifiable.”
The warrants come after a months-long investigation into both Hamas’ Oct. 7 terrorist attack on Israel and Israel’s military response in the Gaza Strip. When the current conflict commenced, Hamas, which had been classified as a terrorist organization by the United States and Israel for nearly two decades, had been in control of Gaza.
President Biden characterized the ICC’s action as “outrageous” in a statement issued on Monday.
Mr. Biden stated, “Let me be clear: there is no equivalence—none—between Israel and Hamas, despite the fact that this counsel may suggest otherwise.” “We will consistently support Israel in the face of security concerns.”
Israel and Hamas respond to the International Criminal Court prosecutor’s request for detention warrants.
Israeli government officials and Hamas also criticized the ICC chief prosecutor’s
The actions of the International Criminal Court (ICC) were “a moral transgression of historic proportions,” according to a video statement released by Netanyahu on Monday on social media.
Netanyahu stated, “Mr. Khan establishes a false and distorted moral equivalence between the leaders of Israel and the henchmen of Hamas. This is akin to establishing a moral equivalence between President Bush and Osama bin Laden after September 11th.”
Khan was “callously pouring gasoline on the fires of antisemitism that are raging across the globe,” according to the Israeli prime minister. Mr. Khan joins the ranks of the most prominent antisemits of the contemporary era as a result of this incendiary decision.
Gallant stated in a statement on Tuesday that the comparison he has made between the State of Israel and the Hamas terrorist organization is contemptible. No, the State of Israel does not recognize the Court’s authority and is not a party to it. Prosecutor Karim Khan’s proposal to deny the State of Israel the right to self-defense and guarantee the release of the detainees in Gaza must be explicitly rejected.
The announcement was “beyond outrageous,” according to Israeli President Isaac Herzog, and it demonstrates the peril of the international judicial system collapsing.
“Any attempt to draw parallels between these atrocious terrorists and the democratically elected government of Israel—wworking to fulfil its duty to defend and protect its citizens entirely in adherence to the principles of international law—iis outrageous and cannot be accepted by anyone,” Herzog said. The move “emboldens terrorists around the world and violates all the basic rules of the court.”
The Hostages and Missing Families Forum, a group that advocates for the families of Israeli hostages who are still being held in Gaza, expressed its support for the International Criminal Court’s decision to prosecute Hamas. However, the organization expressed its dissatisfaction with the comparison between Israel’s leadership and the militants of Hamas. We are of the opinion that the most effective method of demonstrating this distinction to the world is to promptly engage in negotiations that will release the hostages—the living for rehabilitation and the deceased for burial.
Hamas also denounced the ICC prosecutor’s action, saying in a statement that it “creates equality between the victims and the executioner.” Hamas called on the court to reverse its decision, according to the Reuters news agency.
What are the offenses for which Netanyahu and Gallant are being accused?
Khan stated that his team is of the opinion that Netanyahu and Gallant are criminally responsible for war crimes and crimes against humanity, which include the intentional targeting of civilian populations, the willful infliction of great suffering, the willful killing of civilians, the extermination and/or murder of civilians, persecution, and other inhumane acts that occurred during the war against Hamas.
“We assert that the crimes against humanity that have been charged were committed as part of a pervasive and systematic attack against the Palestinian civilian population in accordance with state policy.” Khan stated, “These offenses, in our opinion, persist to this day.”
He stated that his office has gathered evidence, including authenticated video and survivor and witness testimony, that “demonstrates that Israel has deliberately and systematically deprived the civilian population in all areas of Gaza of objects that are essential for human survival.”
Khan stated that “Israel, like all states, has the right to take action to defend its population.” “That privilege, however, does not relieve Israel or any other state of its obligation to adhere to international humanitarian law.” In Gaza, Israel intentionally inflicted death, starvation, great suffering, and severe bodily or health injuries on the civilian population, regardless of any military objectives it may have had. These actions are criminal.
According to health officials in the Hamas-ruled Palestinian territory, more than 35,000 people, the majority of whom are women and children, have died as a result of Israel’s aerial and ground operations in Gaza since October 7.
Netanyahu has acknowledged a mortality toll of 30,000 individuals in Gaza, but he maintains that approximately half of the victims were militants.
What are Sinwar, Hineyah, and Al-Masri being accused of?
Khan stated that his team is of the opinion that Sinwar, Haniyeh, and Al-Masri are criminally responsible for war crimes and crimes against humanity, which include extermination, murder, hostage-taking, rape, torture, sexual violence, callous treatment, and outrages against personal dignity.
“We assert that the crimes against humanity that were charged were part of a pervasive and systematic attack against the civilian population of Israel by Hamas and other armed groups in accordance with organizational policies. In our opinion, some of these crimes persist to this day,” Khan stated.
He stated that his office conducted interviews with victims and survivors and gathered evidence, including videos. Khan concluded that “these individuals planned and instigated the commission of crimes on October 7, 2023, and have acknowledged their responsibility for those crimes through their own actions, including personal visits to hostages shortly after their kidnapping.”
Khan expressed his conviction that “there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions and that some have been subject to sexual violence, including rape, while being held in captivity,” based on medical records, video evidence, and interviews with victims and survivors. He also mentioned that his office was still investigating “reports of sexual violence committed on October 7.”
In its unprecedented assault, Hamas killed approximately 1,200 individuals and abducted approximately 240 others. Of these, approximately 100 are still believed to be alive and being held captive in Gaza.
What is the International Criminal Court (ICC)?
Two of the most significant international covenants that establish international legal standards for warfare are the Geneva Convention and the Geneva Protocol. The International Criminal Court (ICC) in the Hague has the authority to prosecute any violation of those standards as a war crime, which may lead to imprisonment for the perpetrator.
The Rome Statute, an international treaty, was the foundation of the International Criminal Court. It was established in 2002 and prosecutes individuals for serious crimes under four main categories: genocide, crimes against humanity, war crimes, and the crime of aggression.
Which countries are signatories to the International Criminal Court (ICC), and in which regions does it have jurisdiction?
The International Criminal Court (ICC) has jurisdiction exclusively over the citizens of the 124 countries that are parties to the Rome Statute. The United States and Israel are not signatories to the treaty.
Khan has determined that the court does possess the authority to prosecute individuals for actions that occurred in the Palestinian territories and among Palestinians in Israel. Nevertheless, the U.N. acknowledges the State of Palestine as a signatory to the Rome Statute.
“The territorial scope of this jurisdiction encompasses Gaza and the West Bank, including East Jerusalem,” Khan stated. He also stated that his office believes that the ICC has jurisdiction over Palestinians in Israel and Israelis engaged in Palestinian territories.
