The prosecutor of the International Criminal Court (ICC) has applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and three Hamas leaders, including Ismail Haniyeh.
In a statement, Karim Khan said that he has reasonable ground to believe that Netanyahu and Gallant bear criminal responsibility for “war crimes and crimes against humanity” committed on the territory of Palestine, in the Gaza Strip, from at least Oct. 8.
The crimes included “starvation of civilians as a method of warfare as a war crime,” “wilfully causing great suffering, or serious injury to body or health,” “wilful killing,” “intentionally directing attacks against a civilian population as a war crime,” and “extermination and/or murder,” the statement added.
“Persecution as a crime against humanity” and “other inhumane acts as crimes against humanity” were also mentioned by the prosecutor, based on evidence, collected and examined by his office.
“We submit that crimes against humanity charged committed as part of widespread, systematic attack against Palestinian civilian population pursuant to state policy,” Khan said.
He recalled that famine is present in some areas of Gaza and is imminent in other areas, citing UN Secretary-General Antonio Guterres’ warning issued more than two months ago that “1.1 million people in Gaza are facing catastrophic hunger – the highest number of people ever recorded – anywhere, anytime”
“Today, my Office seeks to charge two of those most responsible, Netanyahu and Gallant, both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute,” Khan said.
He added: “As I also repeatedly underlined in my public statements, those who do not comply with the law should not complain later when my Office takes action. That day has come.”
Reiterates call for immediate release of all hostages
The prosecutor also said that they have applied for arrest warrants for three Hamas leaders, including Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif, for some “war crimes and crimes against humanity” committed in Israel and in the Gaza Strip “from at least 7 October 2023.”
These included “extermination as a crime against humanity,” “murder as a crime against humanity,” “taking hostages as a war crime,” “rape and other acts of sexual violence as crimes against humanity, “torture as a crime against humanity,” and other inhumane acts as a crime against humanity.
“My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape while being held in captivity,” said Khan, adding they have reached that conclusion “based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors.”
Reiterating his call for the immediate release of all hostages taken from Israel and for their safe return to their families, Khan underlined that this is a fundamental requirement of international humanitarian law.
‘International law and the laws of armed conflict apply to all’
“Today we once again underline that international law and the laws of armed conflict apply to all. No foot soldier, no commander, no civilian leader – no one – can act with impunity,” the prosecutor said.
Khan said that he remains “deeply concerned” about ongoing allegations and emerging evidence of international crimes occurring in Israel, Gaza, and the West Bank.
“Our investigation continues,” he said, adding they will not hesitate to submit further applications for warrants of arrest “if and when we consider that the threshold of a realistic prospect of conviction has been met.”
Israel has killed more than 35,500 Palestinians in Gaza since an Oct. 7 cross-border incursion by Hamas that claimed 1,200 lives. The air and ground attacks have reduced the Palestinian enclave to rubble, leading to mass internal displacement and a shortage of basic necessities.
It also triggered a trial at the International Court of Justice, which in January ordered Tel Aviv to ensure its forces do not commit acts of genocide, and take measures to guarantee humanitarian assistance is provided to civilians in Gaza.
On May 6, Israeli forces started the onslaught on Rafah, ignoring all regional and international warnings about its consequences for civilians who had taken refuge in the city.