A prosecutor at the International Criminal Court (ICC) has applied for arrest warrants to be issued for Israel’s Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar over alleged war crimes.
Prosecutor Karim AA Khan KC is also seeking arrest warrants for Israeli defense minister Yoav Gallant – and other top Hamas leaders Mohammed Diab Ibrahim al Masri, more commonly known as Deif (commander-in-chief of the military wing of Hamas, known as the al Qassam Brigades), and Ismail Haniyeh (head of Hamas’s political bureau).
In a statement on Monday, Khan outlined the reasons that his office was applying for the arrest warrants.
“Now, more than ever, we must collectively demonstrate that international humanitarian law, the foundational baseline for human conduct during conflict, applies to all individuals and applies equally across the situations addressed by my office and the court,” he said.
“This is how we will prove, tangibly, that the lives of all human beings have equal value.”
ICC prosecutor on Netanyahu and Hamas
On the Hamas leaders, he said he has reasonable grounds to believe they “bear criminal responsibility” for “war crimes and crimes against humanity”.
He outlined a list of alleged crimes, including taking hostages and rape and other acts of sexual violence.
“We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organizational policies. Some of these crimes, in our assessment, continue to this day,” he said.
On Netanyahu and his defense minister Gallant, Khan said he has reasonable grounds to believe they “bear criminal responsibility” for “war crimes and crimes against humanity”.
He outlined a list of alleged crimes, including “starvation of civilians” and “intentionally directing attacks against a civilian population”.
“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day,” he said.
Israel and Hamas react
Israel’s foreign minister has just announced that a special committee will be established in the wake of the announcement from the International Criminal Court.
Israel Katz says the group will be set up to fight against the ICC’s decision, which he says is intended to tie the hands of the state of Israel and deny it the right to self-defence.
Katz calls the move by the court – which has applied for arrest warrants for Israel’s PM and Hamas’s leader in Gaza – a “full frontal attack” on the victims of the 7 October attacks and a “historical disgrace that will be remembered forever”.
“No power in the world” will stop Israel from getting hostages home and taking down Hamas, he says.
He adds that he plans to speak to his counterparts around the world to ensure they oppose the prosecutor’s decision.
A senior Hamas official responding to the development said the court’s decision “equates the victim with the executioner”.
Sami Abu Zuhri told the Reuters news agency that it gives encouragement to Israel to continue its “war of extermination” in Gaza.
What happens now?
The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence and determine if the proceedings can move forward.
Israel is not a member of the court, and even if the arrest warrants are issued, Mr Netanyahu and Mr Gallant do not face any immediate risk of prosecution.
But Khan’s announcement deepens Israel’s isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Israel is also facing a South African case in the International Court of Justice accusing Israel of genocide. Israel denies those charges.