THE HAGUE: The prosecutor of the International Criminal Court (ICC) on Monday applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and top Hamas leaders on suspicion of war crimes and crimes against Palestinian civilians in Gaza.
Karim Khan said he was seeking warrants against Benjamin Netanyahu and Israeli Defence Minister Yoav Gallant for crimes including “starvation”, “wilful killing”, and “extermination and/or murder”.
“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day,” said Khan in reference to Netanyahu and Gallant.
In an interview with CNN, Karim Khan revealed that the warrants are being sought on charges of “crimes against humanity” in connection with the October 7 attacks and subsequent warfare in Gaza. Additionally, the ICC is seeking warrants for Israel’s Defense Minister Yoav Gallant, as well as two other top leaders of Hamas: Mohammed Diab Ibrahim al-Masri, also known as Mohammed Deif, the leader of the Al Qassem Brigades, and Ismail Haniyeh, the political leader of the Palestinian group.
“We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies,” said the statement.
The ICC prosecutor in 2021 opened a probe into Israel as well as Hamas and other armed Palestinian groups for possible war crimes in the Palestinian territories.
Karim Khan has said this investigation now “extends to the escalation of hostilities and violence since the attacks that took place on October 7, 2023”.
“All wars have rules and the laws applicable to armed conflict cannot be interpreted so as to render them hollow or devoid of meaning,” he said in February.
“This has been my consistent message, including from Ramallah last year. Since that time, I have not seen any discernible change in conduct by Israel,” he added at the time.
If granted, the warrant means that technically any of the 124 ICC member states would be obliged to arrest Netanyahu if he travelled there.
But while the warrant could complicate some travel for Netanyahu, the court has no mechanism to enforce its warrants, relying on its members to play ball.
Five countries in mid-November called for an ICC probe into the Israel-Hamas war, with Khan saying his team had gathered a “significant volume” of evidence on “relevant incidents”.
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