ICC prosecutor wants arrests of Israeli PM Netanyahu and three Hamas leaders

The prosecutor at the International Criminal Court (ICC) in The Hague has called for the arrests of Israeli Prime Minister Benjamin Netanyahu, Israeli Defence Minister Yoav Gallant, and three key figures of the Islamic resistance group Hamas in the Gaza Strip. All five “bear criminal responsibility” for “war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip),” said ICC Prosecutor Karim Khan on Monday.

The three Hamas figures, leader Yahya Sinwar, military commander Mohammed Al-Masri (also known as Deif), and political leader Ismail Haniyeh were accused of a variety of criminal acts beginning on October 7, when Hamas carried out a brutal attack in Israel. Netanyahu and Gallant are accused of their actions beginning a day later. In each case, it involves the armed conflict between Israel and Palestine, the armed conflict between Israel and Hamas, and the “widespread and systematic attack against the civilian population” of Israel by Hamas, and of the Palestinian civilian population by Israel. “Some of these crimes, in our assessment, continue to this day,” Khan said.

The Hamas suspects were accused of extermination as a crime against humanity, murder as both a crime against humanity and a war crime and taking hostages as a war crime. They were also accused of authorizing the use of rape, sexual violence, and torture as both a crime against humanity and a war crime. They were also accused of various other inhumane acts, cruel treatment, and outrages upon personal dignity related to those who were being held captive.

“My Office submits there are reasonable grounds to believe that Sinwar, Deif, and Haniyeh are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz. The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence,” Khan said.

Netanyahu and Gallant were accused of the starvation of civilians as both a method of warfare and a war crime, wilfully causing great suffering or cruel treatment as a war crime, wilful killing or murder as a war crime, intentionally directing against civilians as a war crime, and three other crimes against humanity. Specifically, these are the extermination or murder of others, persecution, and other inhumane acts.

“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,” Khan stated.

The prosecutor also noted that “those who do not comply with the law should not complain later when my Office takes action. That day has come.” The arrest warrants were presented to Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.

“Today’s applications are the outcome of an independent and impartial investigation by my Office,” Khan stated. “Guided by our obligation to investigate incriminating and exonerating evidence equally, my Office has worked painstakingly to separate claims from facts and to soberly present conclusions based on evidence to the Pre-Trial Chamber,” he continued.

“Today we once again underline that international law and the laws of armed conflict apply to all. No foot soldier, no commander, no civilian leader – no one – can act with impunity. Nothing can justify wilfully depriving human beings, including so many women and children, of the basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians.”