The International Criminal Court (ICC) is pursuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar. ICC’s Chief Prosecutor, Karim Khan, announced this development to CNN on Monday. The warrants pertain to allegations of war crimes and crimes against humanity linked to the October 7 attacks on Israel and the ensuing conflict in Gaza.
Khan has expressed his belief that Netanyahu, along with his defense minister Yoav Gallant and three Hamas leaders—Sinwar, Mohammed Deif, and Ismail Haniyeh—are accountable for war crimes and crimes against humanity committed in the Gaza Strip and Israel.
Regarding the actions of Hamas on October 7, Khan stated that he witnessed them firsthand. “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.”
Regarding the Israeli actions, Khan stated that “the use of starvation as a method of warfare, along with other attacks and collective punishment against the civilian population of Gaza, are acute, visible, and widely known. They include malnutrition, dehydration, profound suffering, and an increasing number of deaths among the Palestinian population, including infants, children, and women.”
There has been no immediate reaction from either the Israeli government or Hamas. Israel, not being a member of the court, does not acknowledge its jurisdiction over Israel or Gaza. However, should warrants be issued, the individuals named could face arrest upon traveling to any of the court’s 124 member countries, which encompasses most European nations but excludes the United States.
Netanyahu has maintained that ICC rulings will not impede Israel’s right to self-defense and believes that Israel has not violated any laws. It appears unlikely that he will face court proceedings in the near future.
In April, Axios reported first that Israeli Prime Minister Netanyahu had requested President Joe Biden’s assistance in preventing the ICC from issuing arrest warrants for top Israeli officials related to the conflict in Gaza. The United States and Israel are not signatories to the Rome Statute of the International Criminal Court (ICC).
The statute, which founded the ICC in 2002, is designed to prosecute individuals for grave international crimes, including genocide, crimes against humanity, war crimes, and aggression. Notably, at the time of the Rome Statute’s adoption in 1998, only seven countries voted against it, namely China, Iraq, Israel, Libya, Qatar, the United States, and Yemen.
Benny Gantz, Israel’s Minister of Defense, swiftly condemned the International Criminal Court’s move to seek arrest warrants as “a crime of historic proportions.”
“Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organization (Hamas) is a deep distortion of justice and blatant moral bankruptcy,” Gantz said.
Israeli opposition leader Yair Lapid condemned the ICC’s decision, labeling it an “anti-Semitic disgrace” that would “deepen the conflict and encourage Palestinian intransigence.” Speaking to his parliamentary faction, Lapid expressed hope that the US Congress would meet and denounce the ICC’s actions.
Earlier this month, a bipartisan group of senators urged President Biden to fully exercise his authority if the ICC issues arrest warrants for Israeli officials concerning the war in Gaza. Senator Marco Rubio of Florida was chosen to draft the letter to the President, and he was joined by Senators Jacky Rosen (D-Nev.), Tim Scott (R-S.C.), Joe Manchin (D-W.Va.), Chuck Grassley (R-Iowa), and Kirsten Gillibrand (D-N.Y.).
President Biden who has been on the road this weekend but he is expected to make a statement once he is back in Washington. Biden is expected to stand with the Israeli leaders
The International Criminal Court (ICC) has jurisdiction over individuals from member states accused of war crimes, crimes against humanity, or genocide. Although Israel is not a member of the ICC, which means the court lacks jurisdiction over acts committed within its territory, it is still ambiguous whether the ICC holds jurisdiction over Israeli nationals in Gaza or those who command actions in Gaza.
This story is rapidly developing and is breaking news. Stay tuned to Inside the Nation for the most recent updates.
Jim Williams covers the conflict between Israel and Hamas, offering comprehensive written articles and video coverage on various Middle Eastern issues.
