KUALA LUMPUR – The International Criminal Court (ICC) has taken a significant step by filing applications for arrest warrants against key figures in the Israeli war on Palestine, including Israeli Prime Minister Benjamin Netanyahu.
ICC chief prosecutor Karim Khan announced the move in a statement, targeting Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and three Hamas leaders for alleged war crimes and crimes against humanity.
The ICC’s applications – submitted to Pre-Trial Chamber I – accused the head of Hamas in Gaza Yahya Sinwar, Hamas’ military wing commander-in-chief Mohammed Diab Ibrahim Al-Masri also known as Deif, and head of Hamas’ political bureau Ismail Haniyeh of serious crimes.
The charges include extermination, murder, taking hostages, rape, torture, and other inhumane acts committed on October 7, 2023.
The prosecutor’s office claims these crimes were part of a systematic attack against Israeli civilians by Hamas and its armed groups, based on substantial evidence including eyewitness accounts, video footage, and statements from Hamas members.
“These acts demand accountability,” Khan said, emphasising the extensive suffering inflicted on civilians and the ongoing nature of these crimes.
The investigation included visits to attack sites and interviews with survivors, further corroborating the charges.
Charges against Israeli leaders
Meanwhile, Netanyahu and Gallant face charges of war crimes and crimes against humanity related to actions in Gaza on October 8, 2023.
These include the use of starvation as a method of warfare, willful killing, and persecution – all part of a widespread attack against the Palestinian civilian population.
The ICC’s evidence points to a deliberate siege on Gaza, restricting essential supplies which resulted in severe malnutrition and suffering among the civilian population.
The prosecutor highlighted that these actions by Israel, aimed at punishing Gaza’s civilian population and eliminating Hamas, violated international humanitarian law.
“No foot soldier, no commander, no civilian leader – no one – can act with impunity,” Khan stressed.
“Nothing can justify wilfully depriving human beings, including so many women and children, of basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians.”
“My office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine and a non-international armed conflict between Israel and Hamas (together with other Palestinian armed groups) running in parallel.
“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.”
“My office submits that the evidence we have collected – including interviews with survivors and eyewitnesses, authenticated video, photo, and audio material, satellite imagery, and statements from the alleged perpetrator group – shows that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.”
Independent and impartial investigation
Khan underscored the independent nature of the ICC’s investigation, backed by a panel of esteemed international law experts. The applications are based on a thorough examination of incriminating and exonerating evidence, ensuring a balanced and fair process.
The international court’s decision to apply for these arrest warrants marks a pivotal moment in addressing accountability in the Israeli-Palestinian conflict.
If the warrants are granted, the ICC will work with international partners to apprehend the named individuals.
Khan reiterated the importance of compliance with international humanitarian law, urging all parties to uphold legal standards in the ongoing conflict.
As the investigation continues, the ICC remains committed to pursuing justice for all victims, emphasising that international law applies equally to all individuals, regardless of their position or affiliation.
Threats by US senators
Earlier this month, it was reported that a group of prominent US Republican senators had issued threats against Khan and his family to dissuade him from issuing arrest warrants for Netanyahu and other Israeli officials.
The threats came in a letter dated April 24, signed by 12 senators – including Tom Cotton, Marco Rubio, and Ted Cruz – warning of severe sanctions if the warrants are pursued.
The senators argue that such actions would undermine Israel’s sovereignty and that of the US, labelling the potential warrants as unlawful and exposing the ICC’s double standards.
They emphasised that issuing these warrants would challenge Israel’s legal and democratic systems and that the ICC was punishing Israel for legitimate self-defence actions.
The letter also referenced the American Service-Members’ Protection Act, indicating the US’s commitment to protecting its citizens from ICC actions.
This move comes amid recent speculation following Khan’s announcement of the ICC’s jurisdiction over war crimes in Israel and Gaza. – May 20, 2024