ICC Chief Wants Arrest Warrants for Hamas Leader Sinwar and Netanyahu
The International Criminal Court prosecutor filed an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and key Hamas officials on Monday, accusing them of war crimes and crimes against humanity.
Karim Khan stated that he was pursuing warrants against Netanyahu and Israeli Defense Minister Yoav Gallant for crimes such as “starvation,” “wilful killing,” and “extermination and/or murder.”
“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,” said Khan in reference to Netanyahu and Gallant.
The charges against Hamas leaders, including Yahya Sinwar, the movement’s head in Gaza, and Ismail Haniyeh, the movement’s political leadership, include “extermination,” “rape and other acts of sexual violence,” and “taking hostages as a war crime.”
“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 organisational policies,” said the statement.
#ICC Prosecutor @KarimKhanQC announces applications for arrest warrants in relation to Benjamin Netanyahu and Yoav Gallant in the context of the situation in the State of #Palestine ⤵️https://t.co/WqDZecXFZq pic.twitter.com/bxqLWc5M6u
— Int'l Criminal Court (@IntlCrimCourt) May 20, 2024
In 2021, the International Criminal Court prosecutor launched an investigation into Israel, Hamas, and other armed Palestinian factions for suspected war crimes in the Palestinian territories.
Khan has stated that the probe “extends to the escalation of hostilities and violence since the attacks on October 7, 2023.”
He has also repeatedly advocated for the release of all hostages in Gaza and cautioned against Israeli military action in Rafah.
“All wars have rules and the laws applicable to armed conflict cannot be interpreted so as to render them hollow or devoid of meaning,” he said in February.
“This has been my consistent message, including from Ramallah last year. Since that time, I have not seen any discernible change in conduct by Israel,” he added at the time.
In January, the court said that it was investigating suspected crimes against journalists committed since the commencement of hostilities.
Legal experts have told AFP that Hamas and Israel could face war crimes charges in connection with the conflict.
“Today we once again underline that international law and the laws of armed conflict apply to all. No foot soldier, no commander, no civilian leader -– no one -– can act with impunity,” said the prosecutor.
What Does It Mean?
If approved, the warrant would require any of the 124 ICC member states to arrest Netanyahu if he traveled there.
However, while the warrant may delay Netanyahu’s travel, the court has no means to enforce its warrants and relies on its members to play ball.
Rumours that the court was poised to take action had been circulating for weeks, pushing Netanyahu to publish his response ahead of time.
Israel would “never accept” the ICC’s “outrageous” verdicts, Netanyahu stated in a statement posted on X, formerly Twitter. “We will not bow to it.”
In mid-November, five countries called for an ICC investigation into the Israel-Hamas conflict, with Khan claiming his team had gathered a “significant volume” of information on “relevant incidents.”
However, ICC teams have been unable to visit Gaza or conduct investigations in Israel, as the latter is not an ICC member.
Nonetheless, Khan traveled to Israel in November “at the request” of survivors of the October 7 Hamas bombings.
He then traveled to Ramallah in the occupied West Bank to speak with top Palestinian authorities.
The International Criminal Court (ICC), which opened in 2002, is the world’s only independent court dedicated to investigating the most serious crimes, such as genocide, war crimes, and crimes against humanity.
It is a “court of last resort” that only intervenes when governments refuse or are unable to investigate issues themselves.
It made news in March 2023 when it issued an arrest warrant for Russian President Vladimir Putin on charges of war crimes, including unlawful deportation of Ukrainian children.
The court also issued a warrant for Maria Lvova-Belova, Russia’s presidential commissioner for children’s rights, on similar grounds.
ICC Chief Wants Arrest Warrants for Hamas Leader Sinwar and Netanyahu
