The Hague is putting its foot down in the investigation into the war between Israel and Hamas in the Gaza Strip and the terrorist attacks of October 7. The prosecutor of the International Criminal Court (ICC), Karim Khan, has asked judges to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Gallant, as well as against the leadership of the ICC. Islamic terrorist organization. The Hebrew country does not recognize the authority of the ICC, but the 123 countries that do recognize it would be obliged to arrest Netanyahu if he travels to their respective territories in case the judges agree to Khan’s request.
“In view of the evidence collected and examined” by the Prosecutor’s Office, Khan says he has “reasonable grounds” to believe that both Netanyahu and Gallant have “criminal responsibility” for their participation in “war crimes and crimes against humanity” committed in the territory of the Palestinian State (in the Gaza Strip) since October 8.” The statement details several acts classified as “war crimes” by the court, such as “deliberate starvation among civilians as a method of war,” “intentionally caused harm” to “physical integrity or health,” “intentional homicide.” ” and the fact of “directing intentional attacks against the civilian population”, in addition to “extermination or death” as a crime against humanity, a crime related to the deaths of civilians due to starvation, in addition to persecution and “other human acts ” as crimes against humanity.
“My office takes into account that the war crimes to which these petitions refer have been committed in the context of a non-international armed conflict between Israel and Hamas, in addition to other Palestinian groups, that was developing simultaneously. The crimes, he adds, have been committed within the framework of “the prolongation of a widespread and systematic attack against the Palestinian civilian population” and, in some cases, they continue to be committed. The evidence collected by the ICC prosecutor’s office includes interviews with victims, direct witnesses, audiovisual documents, satellite images and statements from members of the groups that have committed the crimes, “demonstrating that Israel has deprived the population of the territory of Gaza of the essential means of subsistence to be able to survive” and has done “deliberately, systematically and continuously.”
The Prosecutor’s statement begins with the announcement that Yahya Sinwar, head of the Islamic Resistance Movement (Hamas) in Gaza; Mohammed Diab Ibrahim al Masri, known as Deif and commander in chief of the Al Qassam Brigades, the organization’s military arm, as well as Ismail Haniyeh, head of Hamas’s political office, are in their opinion “criminal responsibility” for several “ war crimes and crimes against humanity” committed in the territory of Israel and the state of Palestine since October 7, 2023, the date of the brutal attack that cost the lives of 1,200 citizens of the Jewish State in one day and the taking of some 245 hostages. Khan has also requested the issuance of arrest warrants for them for acts that include the murder of hundreds of Israeli civilians, the kidnapping of people, rape and other forms of sexual violence, torture and other inhumane acts.
“The crimes against humanity referred to in the requests [for arrest] are part of a widespread and systematic extension” by Hamas for political purposes and “some of these crimes continue to be committed,” warns the prosecutor. “During my visit to the Be’eri and Kfar Aza kibbutzim, as well as the Supernova music festival, I witnessed the devastation caused by these attacks and the profound repercussions of these inconceivable crimes that today’s petitions refer to,” explains Khan in the aforementioned statement, published in English, French, Arabic and Hebrew, which emphasizes that “these cruel and inhuman acts cannot go unpunished.”
The possibility that the organization requested an arrest warrant for the Israeli prime minister has kept the Jewish authorities on alert for some time. In recent days, Israeli and US media have cited anonymous sources pointing out this possibility, adding, furthermore, that the ICC would also be preparing arrest requests against Hamas leaders. The Biden administration opposes the ICC taking action against Israel’s leaders as it believes it has no jurisdiction over the case. Several members of the US Congress have warned that, if The Hague makes a move in this regard, they will approve sanctions against the court’s leadership.
