ICC prosecutor seeks arrest warrants for Israeli PM Netanyahu, Hamas leaders

AMSTERDAM – The prosecutor of the International Criminal Court (ICC) said on May 20 that he has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and the leaders of Hamas for war crimes and crimes against humanity, in relation to

the Oct 7 attack and the war in Gaza.

In a statement, ICC prosecutor Karim Khan said he was applying for arrest warrants for Yahya Sinwar, Muhammad Deif and Ismail Haniyeh of Hamas.

He also said he was requesting warrants for Mr Netanyahu and for Israel’s Defence Minister Yoav Gallant.

Israeli President Isaac Herzog said Mr Khan’s decision was “beyond outrageous”.

“Any attempt to draw parallels between these atrocious terrorists and a democratically elected government of Israel – working to fulfil its duty to defend and protect its citizens entirely in adherence to the principles of international law – is outrageous and cannot be accepted by anyone,” he said.

Israel’s Foreign Minister Israel Katz described the ICC prosecutor’s action as “scandalous”.

“I intend to speak with foreign ministers of leading countries around the world to urge them to oppose the prosecutor’s decision and declare that even if warrants are issued, they do not intend to enforce them against Israeli leaders,” he said.

Hamas also slammed the ICC prosecutor’s bid to have its leaders arrested, saying it “equates the victim with the executioner”.

While Mr Khan’s request must still be approved by judges from the court, the announcement is a blow to the government of Mr Netanyahu and will likely fuel international criticism of Israel’s strategy in its seven-month campaign against Hamas and the war’s toll on Gaza’s civilian population.

Israel is not a member of the court and does not recognise its jurisdiction in Israel or Gaza. But if warrants are issued, those named could be arrested if they travel to one of the court’s 124 member nations, which include most European countries but not the United States.

Both sides are culpable

Mr Khan said he had “reasonable grounds to believe” that Sinwar, Deif and Haniyeh were responsible for “war crimes and crimes against humanity”, including “the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas”.

“It is the view of my office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes.”

With regard to Mr Netanyahu and Mr Gallant, the prosecutor said he believed the Israeli leaders bore criminal responsibility for war crimes and crimes against humanity, including using starvation as a weapon of war and “intentionally directing attacks against a civilian population”.

The court’s announcement does not come entirely as a surprise.

In March, Mr Volker Turk, the UN human rights chief, said Israel’s restrictions on aid entering Gaza and the way it was conducting the war might

amount to the use of starvation as a weapon

.

That is a war crime under the Rome Statute, the treaty of ICC.

Even though the court is a judicial body independent of the United Nations, Mr Turk’s statement drew attention, given his seniority.

Israeli officials first said in late April that they believed the court was preparing to issue arrest warrants for senior government officials on charges related to the war.

On April 26, Mr Netanyahu said on social media that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defence”.

Any intervention by the ICC “would

set a dangerous precedent

that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression”, Mr Netanyahu said.

ICC’s limits

The ICC is the world’s only permanent international court with the power to prosecute individuals accused of war crimes, genocide and crimes against humanity. It cannot try defendants in absentia, but its warrants can make international travel difficult.

The court has no police force, relying instead on its members to make arrests. An arrested suspect is typically transferred to The Hague to appear before the court.

Israel

has denied causing the hunger crisis in Gaza

or placing limits on humanitarian aid entering the territory. It says the UN and other organisations have failed to adequately distribute food and other humanitarian goods there.

But aid experts have said the crisis is a direct result of the war and Israel’s near-complete siege of the territory.

The food situation in Gaza was considered stable before the war began, but it has sharply deteriorated since then, and the prospect of famine has been looming for months.

Israeli officials impose rigorous checks on any aid going into Gaza, which is home to around 2.2 million people, and the chaotic conditions on the ground there make aid deliveries difficult. NYTIMES, REUTERS