The Hague: The International Criminal Court’s (ICC) prosecutor announced on Monday that he has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three senior Hamas leaders in connection with alleged war crimes. This move follows more than seven months of intense conflict in Gaza.
ICC Prosecutor Karim Khan issued a statement indicating he has “reasonable grounds to believe” that Netanyahu, Gallant, and the Hamas leaders “bear criminal responsibility” for war crimes and crimes against humanity. The Israeli leaders have overseen the military campaign against Hamas in Gaza since the militant group’s deadly raid on Israel on October 7th.
Khan’s application for arrest warrants includes Hamas Chief Yahya Sinwar; Mohammed Al-Masri, the commander-in-chief of Hamas’ military wing known as Deif; and Ismail Haniyeh, head of Hamas’ Political Bureau. The decision on whether to issue these warrants now rests with a panel of pre-trial judges who will assess the evidence presented.
However, enforcing these warrants remains a challenge. The ICC lacks the power to execute arrest warrants, and both the United States and Israel have long opposed the court’s investigation into the Gaza conflict. Israel and Palestinian leaders have previously dismissed accusations of war crimes.
“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,” Khan stated. “This is how we will prove, tangibly, that the lives of all human beings have equal value.”
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War Crime Allegations
Netanyahu and Gallant are accused of war crimes including the use of starvation of civilians as a method of warfare, causing great suffering, and willful killing. The Hamas leaders are alleged to be responsible for crimes such as extermination, murder, taking hostages, torture, rape, and other acts of sexual violence.
The prosecutor’s actions have drawn sharp reactions from both Israeli and Palestinian officials. Israeli War Cabinet Minister Benny Gantz criticized the move, saying, “Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organization (Hamas) is a deep distortion of justice and blatant moral bankruptcy.” Senior Hamas official Sami Abu Zuhri remarked that the prosecutor’s decision “equates the victim with the executioner.”
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The ICC and Its Challenges
The ICC, the world’s first permanent international war crimes court, relies on its 124 member states to enforce arrest warrants by detaining wanted individuals within their territories. However, Israel and its key ally, the United States, are not ICC members, nor are China and Russia, complicating the enforcement of these warrants.
Casualties and Humanitarian Crisis
The war in Gaza has resulted in at least 35,000 Palestinian deaths, according to the enclave’s health ministry. Aid agencies have warned of severe shortages of food, fuel, and medical supplies, exacerbating the humanitarian crisis. The conflict began with a Hamas-led attack on October 7th that killed around 1,200 people and resulted in over 250 hostages being taken, based on Israeli reports.
