BRUSSELS (AN) – The prosecutor of the International Criminal Court took the unprecedented step of seeking arrest warrants for the top leaders of Israel and the Palestinian militant group Hamas.
Karim Khan requested warrants on Monday for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and the top political and military chiefs of Hamas, which rules the Gaza Strip.
The charges against the Hamas figures — Yahya Sinwar, Ismail Haniyeh and Mohammed Deif — include intentionally attacking civilians, extermination, torture, hostage-taking, rape and sexual violence.
Netanyahu and Gallant stand accused of war crimes such as employing starvation tactics, intentionally striking civilian areas, extermination and blocking humanitarian aid to Gaza. They also stand accused of using starvation as a weapon of war, marking the first time in ICC history that such a charge has been levied.
A panel of three ICC judges will weigh Khan's evidence before deciding whether to approve warrants, typically a two-month process. This marks the first time The Hague-based court sought to prosecute the leader of a U.S. ally. Neither Israel nor the United States recognizes ICC's authority.
"Today we once again underline that international law and the laws of armed conflict apply to all," Khan said. "No foot soldier, no commander, no civilian leader — no one — can act with impunity."
An independent legal panel convened by Khan to review the evidence concurred there were reasonable grounds for charges, calling it "a historic step" in pursuing justice for victims in Israel and Palestinian territories.
"We unanimously agree that there are reasonable grounds to believe that the suspects he identifies have committed war crimes and crimes against humanity within the jurisdiction of the ICC," the legal panel wrote.
Some observers questioned whether the court opened itself to criticism by charging Hamas militants alongside democratically elected Israeli politicians. The U.S. designates Hamas as a terrorist organization.
U.S. President Joe Biden denounced the prosecutor's action and supported Israel’s right to defend itself against Hamas.
"The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous. And let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas," Biden said. "We will always stand with Israel against threats to its security."
Human Rights Watch, however, praised Khan's move. His decision "in the face of pressure from U.S. lawmakers and others reaffirms the crucial role of the International Criminal Court," said Balkees Jarrah, associate director of HRW's international justice program. "Victims of serious abuses in Israel and Palestine have faced a wall of impunity for decades."
ICC investigations continue
While warrants could restrict Netanyahu's and Gallant's travel, they face no immediate risk of prosecution since Israel hasn't joined the court. Deif and Sinwar are believed to be operating in Gaza, while Haniyeh is based in Qatar despite facing charges and being on Israel's most-wanted list.
The charges landed as the war grinds on between Israeli and Hamas after a deadly Hamas attack inside Israel on Oct. 7 triggered a devastating bombing campaign, reducing swaths of Gaza to rubble.
Hamas is still believed to be holding 129 hostages seized in that cross-border raid, which killed around 1,140 Israelis, according to official Israeli figures.
Since then, at least 35,303 Palestinians have been killed by Israeli forces in Gaza, including over 14,500 children — more young people in four months than all child casualties in global conflicts over the past four years combined, according to figures from the U.N. Office for the Coordination of Humanitarian Affairs that rely in part on data from the Hamas-run Gaza health ministry.
The ministry, which does not differentiate between civilians and combatants, says another 79,261 Palestinians have been wounded in Gaza, over 5 per cent of the territory's population.
Khan said investigations continue into alleged sexual violence by Hamas on Oct. 7 and Israel's bombing campaign destroying 75% of Gaza's buildings, which could lead to further charges.
“If we do not demonstrate our willingness to apply the law equally, if it is seen as being applied selectively, we will be creating the conditions for its collapse,” Khan said. "Those who break the law should not complain when my office takes action.”
Both Israel and Hamas fiercely rejected the decision. A Hamas spokesman accused the ICC of "equating the victim with the executioner."
Israel dismissed the charges as "antisemitic," with Finance Minister Bezalel Smotrich calling it "the last nail" in dismantling what he termed a "political and antisemitic court."
"The prosecutor's move to apply for arrest warrants is itself a crime of historic proportions," said Benny Gantz, a war cabinet member who threatened to quit Israel's coalition over policy disagreements, and widely viewed as the likeliest candidate to succeed Netanyahu as prime minister.
Gantz said drawing parallels between a "democratic country determined to defend itself" and "despicable terror" amounted to "a deep distortion of justice and moral bankruptcy."
This story has been updated with additional details.
