ICC prosecutor seeks arrest warrants for Israeli, Hamas leaders over war crimes

THE HAGUE, Netherlands (TND) — The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war.

Karim Khan said that he believes Netanyahu, his defense minister Yoav Gallant and three Hamas leaders — Yehya Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

The charges sought for the three Hamas leaders include:

• Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
• Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
• Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
• Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
• Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
• Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
• Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
• Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

Of the Hamas actions on Oct. 7, he said that he saw for himself "the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability."

Khan also said there are "reasonable grounds" to believe hostages taken from Israel have been kept in inhumane conditions as well as being subject to "sexual violence, including rape, while being held in captivity."

The charges against Gallant and Netanyahu include:

• Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
• Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
• Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
• Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
• Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
• Persecution as a crime against humanity contrary to article 7(1)(h);
• Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

Israel has repeatedly been accused of hindering aid delivery throughout the war but continues to say there are no restrictions on aid entering Gaza.

On Friday, trucks carrying badly needed aid for the Gaza Strip rolled across a newly built U.S. pier and into the besieged enclave for the first time.

The shipment is the first in an operation that American military officials anticipate could scale up to 150 truckloads a day.

Support for Israel continued to fade after an April airstrike killed seven aid workers with World Central Kitchen.

The charity said the team was traveling in a three-car convoy that included two armored vehicles, and its movements had been coordinated with the Israeli army.

Israel is not a member of the court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But Khan's announcement deepens Israel's isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Former military chief and member of Israel's War Cabinet, Benny Gantz, criticized Khan's announcement on X stating "The State of Israel fights in the most moral way in history."

"The State of Israel embarked on the most just war, after a massacre by a terrorist organization against its citizens," Gantz wrote. "The State of Israel fights in the most moral way in history, adhering to international law, and has an independent and strong judicial system. Placing the leaders of a country that went into battle to protect its citizens, in the same line with bloodthirsty terrorists - is moral blindness and a violation of its duty and ability to protect its citizens. Accepting the position of the prosecutor, would be a historical crime that will not be denied."

Israel is also facing a South African case in the International Court of Justice accusing Israel of genocide. Israel denies those charges.

Israel launched its war in response to an Oct. 7 cross-border attack by Hamas that killed some 1,200 people, mostly civilians, and took 250 others hostage. The Israeli offensive has killed over 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials.

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Editor's note: The Associated Press contributed to this article.

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