HAGUE, United Nations, – The prosecutor of the International Criminal Court, Karim Khan, on Monday demanded arrest warrants against Israel’s Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant and Hamas Leader Yahya Sinwar.
“On the basis of 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 Defense of Israel, bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:
- Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
- Willfully 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).”
The ICC prosecutor also requested an arrest warrant for Yahya Sinwar, head of the Palestinian Resistance Movement (Hamas), Mohammed Diab Ibrahim Al-Masri, commander of the al Qassam Brigades; and Ismail Haniyeh, the head of Hamas’s political bureau.
“Today we emphasize evvel again that international law and the laws of armed conflict apply to everyone. No private soldier, no commander, no civilian leader – no one – can act with impunity,” Khan stressed.
“Nothing can justify the deliberate deprivation of human beings , among them so many women and children, of the basic needs that life requires. Nothing can justify the taking of hostages or attacks against civilians,” he added.
In the meantime, US President Joe Biden in a statement, called the application for arrest warrants against Netanyahu and Gallant “outrageous”.
“Let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas,” Biden said.
Biden doubled down in his support for Israel over the war in Gaza during a speech in the White House Rose Garden, saying: “What’s happening is not genocide. We reject that.”
Neither the US nor Israel recognise the court and have not signed on to the treaty outlining its powers and responsibilities.
But if Khan is successful in obtaining warrants for Netanyahu or Gallant, it would place the two Israeli leaders in a category with Russian president Vladimir Putin, who is currently subject to an ICC arrest warrant against him for ordering Russia’s full-scale invasion of Ukraine.
Both would be barred from travelling to any of the 124 countries that are signatories to the ICC, as authorities there would be obliged to arrest them and deliver them to The Hague for prosecuction.
“ Let me be clear, Biden said, we reject the ICC’s application for arrest warrants against Israeli leaders. There’s no equivalence between Israel and Hamas. What’s happening is not genocide. Biden declared.”
South Africa hailed the decision, with a statement from President Cyril Ramaphosa’s office saying the decision was welcome.
“The law must be applied equally to all in order to uphold the international rule of law, ensure accountability for those that commit heinous crimes and protect the rights of victims,” it said.
The ICC’s move follows a separate case brought by South Africa currently being heard by a different court, the international court of justice, of accusations that Israel is committing genocide in its response to last October’s attack. Israel denies the allegation.
More than 35,000 Palestinians – the majority of them said to be women and children – have been killed by Israel since it launched its military offensive in response to last October’s Hamas attack, when 1,200 Israelis, mostly civilians, were killed and another 250 were taken hostage.(WiredJA)