The International Criminal Court (ICC) chief prosecutor has filed for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas’s leader in Gaza, Yahya Sinwar, for war crimes.
According to Karim Khan KC, both men had criminal responsibility for war crimes and crimes against humanity since the day of Hamas’s surprise attack on Israel on 7 October.
An arrest was also called for Israeli defense minister Yoav Gallant, Hamas’s political leader Ismail Haniyeh, and the group’s military chief Mohammed Deif.
Mr. Netanyahu recently described the potential inclusion of high-ranking Israeli officials on the ICC’s wanted list as “an outrage of historic proportions.”
The ICC, based in The Hague has for the past three years been investigating Israel’s actions in the occupied territories – and recently started investigating Hamas as well.
ICC judges will now decide whether they believe the evidence is sufficient to issue arrest warrants – something which could take weeks or months.
Khan accused Hamas of committing crimes including
- Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
- Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
- Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
- Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to Article 8(2)(e)(vi) in the context of captivity;
- Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
- Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
- Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
- Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.
Which has inflicted “unfathomable pain through calculated cruelty and extreme callousness”.
“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,” he said in a statement.
“Some of these crimes, in our assessment, continue to this day.”
Israeli Prime Minister Benjamin Netanyahu and his defense minister Benny Gantz were also accused of war crimes including murder and extermination.
Based on Mr. Khan’s statement, they had evidence that Israel had “intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival”.
Israel has a right to defend itself but not by “intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population,” he said.
Israel was accused of:
- Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
- Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
- Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
- Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
- Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
- Persecution as a crime against humanity contrary to article 7(1)(h);
- Other inhumane acts as crimes against humanity contrary to article 7(1)(k).
However, Israeli war cabinet minister Benny Gantz, a political rival of Mr Netanyahu has denounced the prosecutor’s decision.
“Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a bloodthirsty terror organization is a deep distortion of justice and blatant moral bankruptcy,” he said.
