Karim Khan, chief prosecutor of the International Criminal Court in The Hague (ICC), announced yesterday that he has submitted a request to issue arrest warrants against the leader of Hamas in Gaza, Yahya Sinwar; the head of the military wing of Hamas, Muhammad Deif; and the head of the political bureau of Hamas, Ismail Haniyeh, as well as against Israel’s prime minister, Benjamin Netanyahu, and Defense Minister, Yoav Gallant.
In relation to Hamas, Khan stated that there are reasonable grounds to believe that Sinwar, Deif, and Haniyeh bear criminal responsibility for war crimes and crimes against humanity, including extermination, murder, hostage-taking, rape and sexual violence, torture, inhuman acts, cruel treatment, and outrages upon personal dignity in the context of captivity. Khan also called for the immediate release of the hostages. In this regard, it is a positive development that gives a legal response to the claims of those who deny or justify the actions of Hamas.
In relation to Israel, Khan stated there are reasonable grounds to believe that Prime Minister Netanyahu and Minister of Defense Gallant bear criminal responsibility for war crimes and crimes against humanity, including starving civilians, willfully causing suffering and serious injury to body or health, willful killing or murder, directing attacks against civilians, extermination and murder including in the context of starvation, persecution, and other inhumane acts. According to Khan, the evidence gathered by the investigation teams indicates that “Israel has intentionally and systematically deprived the civilian population in Gaza of objects indispensable to human survival.” This is through the imposition of a complete siege on the Gaza Strip as part of a plan to use starvation as a method of warfare and other acts of violence, including collective punishment of the population. The requested arrest warrants focus at this stage on Israel’s humanitarian policy in the Gaza Strip, which explains why they were requested only against the political leadership. However, the prosecutor notes that he continues to investigate additional lines of inquiry in relation to the large-scale bombing in Gaza, as well as acts of sexual crimes by Hamas.
It is important to note that the orders have not yet been issued. A request has been submitted to the pre-trial court, composed of three judges, which will decide whether to issue the warrants. If the request is accepted, it will be the first time that arrest warrants are issued against the heads of a democratic state. In this case, each of the 124 member states of the Court will be obliged to arrest the prime minister and the minister of defense if they arrive on their territory. Claims of immunity from arrest based on the laws of the state will likely not be accepted. In addition, the issuance of the warrants is expected to affect other proceedings in Israel’s case, including the genocide proceeding at the International Court of Justice that South Africa is conducting against Israel.
One should pay attention to the signal that Khan is sending to Israel regarding the principle of complementarity. According to this principle, the court can investigate, prosecute and try individuals only if the State concerned does not, cannot, or is unwilling to do so genuinely. Khan stated that his office will continue to assess the principle of complementarity in relation to the alleged crimes and other lines of investigation. However, he emphasized that for complementarity to be implemented, national authorities must conduct thorough investigations as well as independent and impartial judicial processes regarding the actions and policies underlying the request.
The request for the arrest warrants indicates a lack of confidence in Israel’s claims that it respects the laws of war and constitutes another serious blow to Israel’s international status. The equivalence drawn from the request between the actions of Israel and those of Hamas is particularly troubling.
Karim Khan, chief prosecutor of the International Criminal Court in The Hague (ICC), announced yesterday that he has submitted a request to issue arrest warrants against the leader of Hamas in Gaza, Yahya Sinwar; the head of the military wing of Hamas, Muhammad Deif; and the head of the political bureau of Hamas, Ismail Haniyeh, as well as against Israel’s prime minister, Benjamin Netanyahu, and Defense Minister, Yoav Gallant.
In relation to Hamas, Khan stated that there are reasonable grounds to believe that Sinwar, Deif, and Haniyeh bear criminal responsibility for war crimes and crimes against humanity, including extermination, murder, hostage-taking, rape and sexual violence, torture, inhuman acts, cruel treatment, and outrages upon personal dignity in the context of captivity. Khan also called for the immediate release of the hostages. In this regard, it is a positive development that gives a legal response to the claims of those who deny or justify the actions of Hamas.
In relation to Israel, Khan stated there are reasonable grounds to believe that Prime Minister Netanyahu and Minister of Defense Gallant bear criminal responsibility for war crimes and crimes against humanity, including starving civilians, willfully causing suffering and serious injury to body or health, willful killing or murder, directing attacks against civilians, extermination and murder including in the context of starvation, persecution, and other inhumane acts. According to Khan, the evidence gathered by the investigation teams indicates that “Israel has intentionally and systematically deprived the civilian population in Gaza of objects indispensable to human survival.” This is through the imposition of a complete siege on the Gaza Strip as part of a plan to use starvation as a method of warfare and other acts of violence, including collective punishment of the population. The requested arrest warrants focus at this stage on Israel’s humanitarian policy in the Gaza Strip, which explains why they were requested only against the political leadership. However, the prosecutor notes that he continues to investigate additional lines of inquiry in relation to the large-scale bombing in Gaza, as well as acts of sexual crimes by Hamas.
It is important to note that the orders have not yet been issued. A request has been submitted to the pre-trial court, composed of three judges, which will decide whether to issue the warrants. If the request is accepted, it will be the first time that arrest warrants are issued against the heads of a democratic state. In this case, each of the 124 member states of the Court will be obliged to arrest the prime minister and the minister of defense if they arrive on their territory. Claims of immunity from arrest based on the laws of the state will likely not be accepted. In addition, the issuance of the warrants is expected to affect other proceedings in Israel’s case, including the genocide proceeding at the International Court of Justice that South Africa is conducting against Israel.
One should pay attention to the signal that Khan is sending to Israel regarding the principle of complementarity. According to this principle, the court can investigate, prosecute and try individuals only if the State concerned does not, cannot, or is unwilling to do so genuinely. Khan stated that his office will continue to assess the principle of complementarity in relation to the alleged crimes and other lines of investigation. However, he emphasized that for complementarity to be implemented, national authorities must conduct thorough investigations as well as independent and impartial judicial processes regarding the actions and policies underlying the request.
The request for the arrest warrants indicates a lack of confidence in Israel’s claims that it respects the laws of war and constitutes another serious blow to Israel’s international status. The equivalence drawn from the request between the actions of Israel and those of Hamas is particularly troubling.