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Monday, May 20, 2024 the prosecutor of the International Criminal Court (ICC) applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and senior Hamas leaders, citing suspicions of war crimes and crimes against humanity.
Karim Khan, the ICC prosecutor, is pursuing warrants against Netanyahu and Israeli Defense Minister Yoav Gallant for alleged crimes such as “starvation,” “willful killing,” and “extermination and/or murder.” Khan stated, “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.”
Hamas leaders, including Yahya Sinwar, the head of the movement in Gaza, and Ismail Haniyeh, the political chief, are also facing charges. The accusations against them include “extermination,” “rape and other acts of sexual violence,” and “taking hostages as a war crime.” Khan emphasized that these crimes were part of a widespread and systematic attack against the Israeli civilian population by Hamas and other armed groups.
The ICC initiated an investigation in 2021 into potential war crimes committed by both Israel and Hamas in the Palestinian territories. This investigation has now expanded to include the escalation of violence since the attacks on October 7, 2023. Khan has repeatedly called for the release of all hostages in Gaza and has expressed concern over Israeli military actions in Rafah.
In a statement, Khan reiterated, “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 noted a lack of change in Israel’s conduct since his previous visits and statements.
The ICC is also investigating potential crimes against journalists since the recent outbreak of hostilities. Legal experts have indicated that both Hamas and Israel could face war crimes charges over the ongoing conflict.
If the arrest warrants are granted, any of the 124 ICC member states would be legally obligated to detain Netanyahu if he were to travel to their countries. However, the ICC relies on its member states to enforce its warrants, as it has no independent enforcement mechanism.
Netanyahu has preemptively rejected the ICC’s actions, stating in a message on X (formerly Twitter) that Israel would “never accept” the ICC’s “outrageous” rulings and that “We will not bow to it.”
In mid-November, five countries called for an ICC probe into the Israel-Hamas war. Khan’s team has reportedly gathered substantial evidence on relevant incidents, though they have not been able to conduct investigations on the ground in Gaza or Israel, as Israel is not an ICC member.
Khan visited Israel in November at the request of survivors of the October 7 Hamas attacks and subsequently traveled to Ramallah to meet with senior Palestinian officials.
Established in 2002, the ICC is the world’s only independent court dedicated to investigating the gravest offenses, including genocide, war crimes, and crimes against humanity. It functions as a “court of last resort,” stepping in only when countries are unwilling or unable to prosecute these cases themselves. The court made headlines in March 2023 when it issued an arrest warrant for Russian President Vladimir Putin on charges of unlawfully deporting Ukrainian children.
The ICC also issued a warrant against Maria Lvova-Belova, Russia’s presidential commissioner for children’s rights, on similar charges.
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