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ICC seeks arrest warrants for Israeli PM Benjamin Netanyahu and Hamas leaders

20 May 2024 , 11:18
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The ICC
The ICC's top prosecutor is seeking a warrant for Israeli Prime Minister Benjamin Netanyahu (Image: POOL/AFP via Getty Images)

The ICC's chief prosecutor says he is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leaders, among others.

The chief prosecutor of the International Criminal Court (ICC) shared the update on Monday that he is seeking arrest warrants in the wake of the October 7 attack and subsequent war between Israel and Hamas. Prosecutor Karim Khan said he believes Netanyahu, his defence minister Yoav Gallant and three Hamas leaders are responsible for war crimes as well as crimes against humanity in the Gaza Strip and Israel.

Khan said the warrants against Hamas leaders would be for the group's leader Yahya Sinwar, Mohammed Diab Ibrahim al-Masri, the Al Qassen Brigades leader better known as Mohammed Deif, and Ismail Haniyeh, Hamas' political leader. Warrants against Israeli politicians would mark the first time the ICC has gone after a top leader of one of the United States' close allies.

A panel of ICC judges will now consider Khan's application for the arrest warrants, which would see Netanyahu placed in the same category as Russia's Vladimir Putin, who had an arrest warrant issued by the ICC over the war on Ukraine.

The ICC charges against the Hamas members include a litany of war crimes and crimes against humanity including murder, rape, hostage-taking and torture. Meanwhile, the charges against Israeli Prime Minister Netanyahu and Defense Minister Yoav Gallant include war crimes and crimes against humanity such as: Starvation of civilians as a method of war, wilful killing, and Extermination and/or murder, among others.

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ICC seeks arrest warrants for Israeli PM Benjamin Netanyahu and Hamas leadersThe ICC will be asked to consider warrants or Israeli Prime Minister Benjamin Netanyahu and his defence minister Yoav Gallant (POOL/AFP via Getty Images)

Referring to the crimes of Hamas, Khan said in his statement: “During my own visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as to the site of Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.”

In relation to the charges against the two Israeli leaders, he said “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.”

ICC seeks arrest warrants for Israeli PM Benjamin Netanyahu and Hamas leadersHamas leader Yahya Sinwar along with Mohammed Diab Ibrahim al-Masri, the group's military chief and Ismail Haniyeh, political head (AFP via Getty Images)

He added: “The effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known, and have been confirmed by multiple witnesses interviewed by my Office, including local and international medical doctors. They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.”

Netanyahu has previously said that ICC arrest warrants against senior Israeli government and military officials “would be an outrage of historic proportions.” Israel and the United States are not members of the ICC but Palestine is, meaning the court does claim jurisdiction over Gaza, East Jerusalem and the West Bank.

“My Office will not hesitate to submit further applications for warrants of arrest if and when we consider that the threshold of a realistic prospect of conviction has been met. I renew my call for all parties in the current conflict to comply with the law now,” Khan added.

Fiona Leishman

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