ICC Prosecutor issues applications for arrest warrant for Israeli and Hamas leaders
On May 20, 2024, ICC Prosecutor Karim Khan issued applications for arrest warrants to seek accountability for those responsible for the crimes, under the Rome Statute, committed in the conflict in Gaza. Arrest warrants are being sought for both Israeli and Hamas leaders.
According to the ICC Prosecutor, Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh shall be made accountable for the murders and for holding hostages since the terrorist attack of October 7. Taking hostages, cruel treatment and outrages upon personal dignity in the context of captivity are the war crimes they are being accused of.
Additionally, they will be prosecuted to assess whether they bear criminal responsibility for the following crimes against humanity: extermination, murder, rape, torture and other inhumane acts towards Israeli civilians.
An application for arrest warrants against Israeli Prime Minister, Benjamin Netanyahu, and the Defence Minister, Yoav Gallant has also been issued. They are charged with war crimes and crimes against humanity. More specifically, these crimes include the starvation of civilians as a method of warfare, the causing of suffering or bodily and mental injuries of civilians, wilful killing, extermination, persecution and other inhuman acts as a crime against humanity.
The need for accountability at the ICC came after careful consultation with survivors, who came forward to provide evidence during the independent and impartial investigation that the ICC Office of the Prosecutor carried out. Dialogues with witnesses contributed to the authentication of the material that was already collected. These have contributed to reinforce allegations and they show that Israel is depriving the civilian population in Gaza of survival means.
After October 7, the Israeli government imposed a total aid siege, including the closure of borders in Gaza with complete denial of humanitarian aid entering the territory. As a result, hunger and suffering are afflicting 1.1 million people in Gaza.
The ICC Chief, Mr. Khan, underlined that international humanitarian law must be upheld since starvation as a war method and the complete lack of humanitarian aid represent a serious violation of the Rome Statute. At the same time, the sexual offenses committed by Hamas and the suffering and deaths caused during the attack in October must be tried.
“No one is above the law” announces Mr. Khan. Impunity shall be avoided at all costs and the law must be applied to all. The ICC has a duty to try those who bear the greatest responsibility for these hideous crimes that are being committed.
Now, the Pre-Trial Chambers must decide whether to confirm the alleged charges and issue the arrest warrants. If the alleged perpetrators are arrested, the ICC will create a Trial Chamber with three judges that will decide on the case.
To know more on the arrest warrants applications, read: https://news.un.org/en/story/2024/05/1149966