The International Criminal Court’s prosecutor has initiated proceedings for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and top Hamas leaders, alleging war crimes and crimes against humanity.
Karim Khan stated that he seeks warrants against Netanyahu and Israeli Defence Minister Yoav Gallant for offenses including “starvation,” “wilful killing,” and “extermination and/or murder.”
“We assert that the crimes against humanity alleged were committed as part of a widespread and systematic attack on the Palestinian civilian population in accordance with State policy. These crimes, in our view, persist to this day,” Khan stated in reference to Netanyahu and Gallant.
The charges against Hamas leaders, including Yahya Sinwar and Ismail Haniyeh, consist of “extermination,” “rape and other acts of sexual violence,” and “taking hostages as a war crime.”
“We maintain that the crimes against humanity alleged were part of a widespread and systematic attack on the civilian population of Israel by Hamas and other armed groups as per organizational policies,” the statement added.
The ICC prosecutor commenced an investigation in 2021 into Israel, Hamas, and other armed Palestinian groups for potential war crimes in the Palestinian territories.
Khan stated that this investigation now covers “escalation of hostilities and violence since the attacks on October 7, 2023.”
The court also announced in January that it was probing potential crimes against journalists since the start of hostilities.
Legal experts suggest that Hamas and Israel could face war crimes charges over the conflict.
“If granted, the warrant would technically require any of the 124 ICC member states to arrest Netanyahu if he traveled there,” stated the prosecutor.
However, while the warrant might complicate Netanyahu’s travel, the court lacks a mechanism to enforce its warrants, relying on its members’ cooperation.
The ICC, established in 2002, is the world’s only independent court tasked with investigating the gravest offenses including genocide, war crimes, and crimes against humanity. It serves as a “court of last resort,” intervening when countries are unwilling or unable to investigate cases themselves.
In March 2023, the ICC made headlines by issuing an arrest warrant for Russian President Vladimir Putin on war crime allegations related to the deportation of Ukrainian children. The court also issued a warrant against Maria Lvova-Belova, Russia’s presidential commissioner for children’s rights, on similar charges.
