Efforts Underway to Issue ICC Arrest Warrants for Netanyahu, Sinwar – Developing Story

May 20, 2024 Blog, News
Karim Khan filed applications for arrest warrants against several Israeli leaders and leaders of the Palestinian Resistance in Gaza. (Photo: video grab)

By Palestine Chronicle Staff  

According to Karim Khan’s statement, the top Israeli officials could be prosecuted for war crimes and crimes against humanity.

The International Criminal Court (ICC) Chief Prosecutor, Karim Khan, filed applications for arrest warrants against several Israeli leaders and leaders of the Palestinian Resistance in Gaza, Khan said in a televised statement on Monday.

Khan said his team has applied for the warrants with the court’s pre-trial chamber and a panel of judges will decide on granting the warrants.

Israeli Prime Minister Benjamin Netanyahu is not the only Israeli official against whom charges may be pursued: others will include Israeli Defense Minister Yoav Gallant.

“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 Defence 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,” the statement read.

Three Palestinian leaders, Yahya Sinwar, the leader of Hamas in Gaza, Mohammed Deif, the leader of Al-Qassam Brigades and the head of Hamas’ political bureau, Ismail Haniyeh were also included in Khan’s application.

What are the crimes?

According to the statement, the top Israeli officials could be prosecuted for the following crimes:

– 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).

Systematic Attack against Palestinians

“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day,” the ICC top prosecutor said in his statement.

With respect to the ongoing war, Khan stated that the “Office submits that the evidence we have collected, including interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery and statements from the alleged perpetrator group, shows that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.”

Khan explained that the total siege and other acts aimed at obstructing humanitarian aid “were committed as part of a common plan to use starvation as a method of war and other acts of violence against the Gazan civilian population”.

Although Israel is an occupying power, Khan acknowledged its right to defend itself.

“Israel, like all States, has a right to take action to defend its population. That right, however, does not absolve Israel or any State of its obligation to comply with international humanitarian law.”

Accusations against Resistance

Khan also accused the resistance of violating international law.

According to the ICC top prosecutor, Sinwar, Deif and Haniyeh “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)”.

These crimes 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),” among others.

Reactions

The news caused outrage in Israel and disappointment in the Palestinian Resistance movement Hamas, Reuters news agency reported.

Israel’s War Cabinet Minister Benny Gantz was quoted by Reuters as saying that “drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organization (Hamas) is a deep distortion of justice and blatant moral bankruptcy.”

For his part, top Hamas official Sami Abu Zuhri told Reuters that “the decision “equates the victim with the executioner” and encourages Israel to continue its “war of extermination” in Gaza.

(The Palestine Chronicle)

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