The International Criminal Court (ICC) has announced that it is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and several top Hamas leaders, including Yahya Sinwar, for war crimes and crimes against humanity in Gaza and Israel.
The ICC is also seeking arrest warrants for Israel’s Defense Minister Yoav Gallant, along with two top Hamas leaders: Mohammed Diab Ibrahim al-Masri, also known as Mohammed Deif, the leader of the Al Qassem Brigades, and Ismail Haniyeh, Hamas’ political leader, Prosecutor Karim Khan stated.
Now, a panel of three ICC judges will review Khan's application for arrest warrants. They will evaluate whether the evidence presented is sufficient to issue the warrants, a process that could take weeks or even months.
Israel Reacts, calls it Anti-Semitic and Disgrace
Israeli PM Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic.
PM Netanyahu called the decision “a political outrage.” Netanyahu called the prosecutor’s accusations against him a “disgrace” and attack on the Israeli military and all of Israel. He vowed to press ahead with Israel’s war against Hamas militants.
Israeli Foreign Minister Israel Katz described Mr. Khan's action was an "unrestrained frontal assault" on the victims of the October 7 attacks, calling it a "historical disgrace that will be remembered forever”, declaring the establishment of a special command centre to oppose the decision.
Netanyahu's Political Rival denounced the ICC's action as well, claiming that Israel abides by international law, upholds one of the strongest moral codes in history, and has an effective independent judiciary. Prosecutors' decision "is in itself a crime of historic proportion to be remembered for generations," the speaker declared.
"Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a bloodthirsty terror organisation is a deep distortion of justice and blatant moral bankruptcy," he said.
Yair Lapid, the leader of the opposition said it was “a complete moral failure.” Israel’s President Isaac Herzog called it “beyond outrageous.”
Prosecutor Khan’s grounds of Warrant
“Nobody is above the law,” Prosecutor Karim Khan said.
Khan said, Israeli PM and defence minister are suspected of crimes such as murder, deliberately targeting attacks against civilian populations, extermination, and starving civilians as a means of warfare. More than 35,500 Palestinians have been killed and more than 79,000 wounded in Gaza since October 7,
Israel had "intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival," according to evidence Mr. Khan's office possessed.
He claimed that Israel had the right to self-defense, but only if it does not engage in what he described as criminal acts of "intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population."
Photo: The Financial Times
"Creating extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict," Khan told Amanpour, is one of the accusations made against Netanyahu and Gallant.
He said that if Israel disagrees with the ICC, “they are free, notwithstanding their objections to jurisdiction, to raise a challenge before the judges of the court and that’s what I advise them to do.”
Hamas says, “attempts to equate the victim with the executioner"
Hamas demanded the “cancellation of all arrest warrants issued against leaders of the Palestinian resistance” and denounced it claiming that it was an "attempt to equate the victim with the executioner".
“Hamas calls on the ICC Prosecutor to issue arrest warrants against all war criminals among the occupation leaders, officers, and soldiers who participated in crimes against the Palestinian people, and demands the cancellation of all arrest warrants issued against Palestinian resistance leaders,” the group added.
The group also complained that the application for warrants against Mr Netanyahu and Mr Gallant had come “seven months late”, and that other Israeli political and military leaders had not been named alongside them.
Khan’s Allegations on Hamas
Mr Khan accused the Hamas leaders, against Sinwar, Haniyeh and al-Masri of having committed crimes including extermination, murder, hostage taking, rape and sexual violence, and torture.
Prosecutor Khan said in a statement, "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 declared that Hamas was to blame for the "unfathomable pain caused by calculated cruelty and extreme callousness."
On October 7, militants led by Hamas massacred about 1,200 people in various parts of southern Israel and kidnapped 250 more into Gaza. In Gaza, many hostages are still being held captive. "There are countless innocent Israelis... who are being held captive by Hamas and families who are waiting for their return," he continued.
About ICC
The ICC is located in The Hague, Netherlands, and operates independently from the United Nations. The court was established by the Rome Statute, a treaty introduced at the United Nations. Signatories of the Rome Statute are obligated to fully cooperate with the ICC’s decisions.
124 countries are parties to the Rome Statute. Israel, Russia and the United States are not members of the International Criminal Court (ICC). The ICC claims jurisdiction over Gaza, East Jerusalem, and the West Bank following Palestinian leaders' acceptance of the court’s founding principles in 2015.
What happens when an arrest warrant is issued by ICC?
If arrest warrants are issued, member countries of the Rome Statute would be required to arrest and extradite the individuals to The Hague. It will further complicate international travel for Netanyahu and Gallant. Israeli leaders Netanyahu and Gallant face no immediate risk of prosecution due to Israel not being a member of the ICC.
Issue of warrant on Other leaders
ICC has also issued arrest warrants against Russian President Vladimir Putin for his involvement in Moscow’s war on Ukraine on charges related to the abductions of children from Ukraine. Russia issued its own arrest warrants for Khan and ICC judges.
Moreover, a similar warrant has been issued on Libyan leader Moammar Gadhafi, who was under an ICC warrant for alleged crimes against humanity when he was captured and killed in October 2011.
US President says, ‘Outrageous’
President Biden condemned the ICC's move to issue warrants against Israeli politicians Netanyahu and Gallant, stating it was "outrageous." He emphasised there is no comparison between Israel and Hamas. No leader of any close ally of the US has been issued an arrest warrant by ICC except now for Israel.
There is also an ongoing case on Israel at the International Court of Justice (ICJ), where South Africa has accused Israel of genocide in its conflict with Hamas after the October 7 attacks.it is different from ICC seeking issue of arrest warrant.
Overall, The decision has faced criticism for potentially equating a terrorist organisation with an elected government of a democratic country, also a close ally to the US, by seeking arrest warrants against both Israel and Hamas leaders in the same action.
Ⓒ Copyright 2024. All Rights Reserved Powered by Vygr Media.
