ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders

In a significant development, the International Criminal Court’s (ICC) chief prosecutor, Karim Khan, announced on Monday that he has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and three leaders of Hamas.

The charges are related to alleged war crimes and crimes against humanity stemming from the Oct. 7 attacks in Israel and the subsequent conflict in Gaza.

Mr Khan’s request targets high-profile Hamas figures including Yahya Sinwar, Muhammad Deif, and Ismail Haniyeh. Additionally, warrants are sought for Israel’s Defense Minister, Yoav Gallant.

“Israel, like all States, has a right to take action to defend its population. That right, however, does not absolve Israel or any State of its obligation to comply with international humanitarian law. Notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal,” Khan said Monday.

Intensified Scrutiny

The move is expected to intensify scrutiny of Israel’s seven-month campaign against Hamas, which has faced widespread international criticism due to its impact on Gazan civilians. The announcement marks a severe blow to Netanyahu’s government.

Neither the Israeli government nor Hamas have responded to the announcement. Israel, which is not a member of the ICC, does not recognize the court’s jurisdiction over its territory or Gaza.

Mr Netanyahu recently called the prospect of senior Israel figures joining the ICC’s wanted list “an outrage of historic proportions”.

However, should the warrants be approved by ICC judges, the individuals named could face arrest if they travel to any of the court’s 124 member nations.

Crimes raised by the ICC against Prime Minister Netanyahu and Defence Minister Gallant:

• Starvation of civilians as a method of warfare as a war crime
• Wilfully causing great suffering, or serious injury to body or health
• Wilful killing
• Intentionally directing attacks against a civilian population as a war crime
• Extermination and/or murder, including in the context of deaths caused by starvation, as a crime against humanity
• Persecution as a crime against humanity
• Other inhumane acts as crimes against humanity

Crimes raised by the ICC prosecutor against Hamas leaders:

• Extermination as a crime against humanity
• Murder as a crime against humanity
• Taking hostages as a war crime
• Rape and other acts of sexual violence as crimes against humanity in the context of captivity
• Torture as a crime against humanity in the context of captivity
• Other inhumane acts as a crime against humanity in the context of captivity
• Cruel treatment as a war crime, in the context of captivity
• Outrages upon personal dignity as a war crime, in the context of captivity

“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. Some of these crimes, in our assessment, continue to this day,” the prosecutor said.