International Criminal Court Seeks Arrests of Netanyahu & Hamas Leaders for War Crimes & Crimes Against Humanity

Estimated read time 6 min read

ICC’s chief prosecutor accused PM Netanyahu, Israeli Defense Minister Yoav Gallant and three Hamas leaders of war crimes and crimes against humanity in the Gaza Strip and Israel.

The International Criminal Court (ICC) is seeking the arrest warrants for Israeli and Hamas leaders, including Prime Minister Benjamin Netanyahu, for war crimes in Gaza.

The ICC’s chief prosecutor Karim Khan on Monday accused Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.

Statement of ICC Prosecutor Karim A.A. Khan KC:

Based on the evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal… pic.twitter.com/0FpcRtv8ED

— DD Geopolitics (@DD_Geopolitics) May 20, 2024

The ICC’s announcement from The Hague represents a symbolic blow to Israel’s credibility in the conflict since they’ve justified their military response in Gaza following Hamas’ surprise attack on Oct. 7.

Khan issued the following statement:

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023: 

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; andOutrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

In an interview with CNN on Monday, Khan claimed the court had accumulated a “variety of evidence” to support the arrest warrant request.

Israeli leaders condemned the ICC’s move as antisemitic and a “historic disgrace.”

“The absurd and false order of the prosecutor in The Hague is not only directed against the Prime Minister of Israel and the Minister of Defense – it is directed against the entire State of Israel,” Netanyahu responded in a statement.

🇮🇱NETANYAHU TO ICC: HOW CAN YOU COMPARE ISRAEL TO HAMAS?! ARE YOU INSANE?!

“The absurd and false order of the prosecutor in The Hague is not only directed against the Prime Minister of Israel and the Minister of Defense – it is directed against the entire State of Israel.

It… https://t.co/lAlfr3iOte pic.twitter.com/ghk0Kbq9C1

— Mario Nawfal (@MarioNawfal) May 20, 2024

“With what audacity do you dare compare the monsters of Hamas to the soldiers of the IDF, the most moral army in the world?!”

The Biden administration likewise condemned the ICC’s “outrageous” announcement.

“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” Joe Biden wrote. “And let me be clear: there is no equivalence between Israel and Hamas. We will always stand with Israel against threats against its security.”

JUST IN!! Blinken statement on ICC arrest warrants for senior Israeli officials, together with warrants for Hamas terrorists. 👇🏻 pic.twitter.com/Nvy8kGWrXo

— Alex Raufoglu (@ralakbar) May 20, 2024

Hamas also denounced the ICC prosecutor’s announcement, saying it “equates the victim with the executioner.”

panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed, which may take a couple months.

Since Israel is not a member of the court, Netanyahu and Gallant do not face any immediate risk of prosecution even if the arrest warrants are issued.

Netanyahu has suffered in the polls since Israel launched its counteroffensive against Hamas in Gaza, with 57% of the Israeli public rating his performance as “poor or very poor.”

“This is going to make Netanyahu an outcast, and his ability to move around the world will be seriously compromised,” said Yuval Shany, international law expert at Hebrew University and the Israel Democracy Institute, adding that other countries may now be more reluctant to provide assistance.

Over 35,000 Palestinians have been killed in Gaza since Israel launched its brutal campaign to dismantle Hamas after its Oct. 7 attack that killed roughly 1,200 people.

Watch the ICC’s full announcement:

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