The Hague, Netherlands

The International Criminal Court chief prosecutor Karim Khan, on Monday (May 20) sought arrest warrants for Hamas leader Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity during the October 7 attacks on Israel and the ongoing war in Gaza. 

Advertisment

The ICC chief prosecutor has also sought arrest warrants for Israel’s Defence Minister Yoav Gallant and Hamas leaders Mohammed Diab Ibrahim al-Masri (Deif) and Ismail Haniyeh. 

What are the accusations against them?

The ICC prosecutor’s office said it suspected all five – Israeli PM, defence minister and Hamas leaders – bore criminal responsibility for alleged war crimes and crimes against humanity committed in Israel or the Gaza Strip. 

Advertisment

In a statement, Khan’s office said Hamas leader Sinwar, leader of the Al Qassem Brigades (Hamas’ armed wing) Deif, and Hamas political leader Haniyeh have been accused of war crimes and crimes against humanity committed on Israel and Gaza Strip from “at least” October 7.

Also Read | Ebrahim Raisi death: It wasn't us, says Israel on Iran president's chopper crash

The Hamas leaders have been accused of extermination as a crime against humanity, murder, and taking hostages as a war crime, according to the statement by Khan’s office. 

Advertisment

Additionally, in the context of captivity, the Hamas leaders have also been accused of rape and other acts of sexual violence, torture, other inhumane acts as a crime against humanity, cruel treatment, and outrage upon personal dignity as a war crime. 

“The world was shocked on the 7th of October when people were ripped from their bedrooms, from their homes, from the different kibbutzim in Israel,” Khan told CNN in an interview, adding that “people have suffered enormously.”

According to the statement by Khan’s office, Netanyahu and Gallant have been accused of using starvation of civilians as a method of warfare; wilfully causing great suffering, or serious injury to body or health; wilful killing or murder; intentionally directing attacks against a civilian population; extermination and/or murder; and persecution and other inhumane acts as crimes against humanity. 

Last month, Netanyahu had said any ICC arrest warrants against senior Israeli government and military officials “would be an outrage of historic proportions.”

When asked about the Israeli PM’s comments, the ICC chief prosecutor told CNN, “Nobody is above the law.”

He added 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.” 

What next?

A panel of ICC judges will now consider Khan’s application for the arrest warrants. It will now be up to the court’s pre-trial judges to determine if there is sufficient evidence to issue warrants.

Notably, the ICC prosecutor in 2021 opened a probe into possible war crimes committed by Israel as well as Hamas and other armed Palestinian groups in the Palestinian territories. 

Legal experts have told AFP that Hamas and Israel could face war crimes charges over the conflict. 

Also Read | Meet Taiwan's new president Lai Ching-te, a 'severe danger' for China

While Israel is not a member of the ICC, the Hague-based court claims to have jurisdiction over Gaza, East Jerusalem and the West Bank. However, even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution.

The application for the arrest warrants filed on Monday is also separate from the case that is being heard by the International Court of Justice (ICJ) over an accusation from South Africa that Israel was committing genocide in Gaza. 

Outrage over application

Israeli Foreign Minister Israel Katz called the ICC chief prosecutor’s decision “a historic disgrace that will be remembered forever.” 

Katz also vowed to form a special committee to fight back against any such action and also work with world leaders to ensure no such warrants are enforced on Israeli leaders.  

Senior Hamas official Sami Abu Zuhri, as per Reuters said that the decision “equates the victim with the executioner” and encourages Israel to continue its “war of extermination” in Gaza.

(With inputs from agencies)