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ICC seeks arrest warrant for Netanyahu, balances it with action against Hamas

Ending weeks of suspense, the Chief Prosecutor of the International Criminal Court (ICC) Monday May 20, 2024 sought arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Israeli Defence Minister Yoav Gallant.

Tuesday May 21, 2024 9:23 AM, ummid.com News Network

The Hague: Ending weeks of suspense, the Chief Prosecutor of the International Criminal Court (ICC) Monday May 20, 2024 sought arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Israeli Defence Minister Yoav Gallant.

However, in a move seen as a balancing act, the ICC Chief Prosecutor has also sought similar action against Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed al-Masri.

"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 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", ICC Prosecutor Karim Khan said in a statement released online.

Karim Khan said this while listing seven crimes including:

• 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).

"My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel. 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 prosecutor said.

"My 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", he added.

Arrest warrants against Hamas leaders

In a balancing act, the ICC prosecutor also sought arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh.

"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 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", the ICC prosecutor said.

"My Office submits there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages", he said.

'Equating the victim with the executioner'

The ICC Prosecutor's submission has been received with mixed reactions. While the Gaza Media office welcome the ICC arrest warrants against the Israeli Prime Minister and Defence Minister at the same time decried similar action against the Hamas leaders.

“We appreciate the decision of the Prosecutor of the International Criminal Court to issue arrest warrants for two Zionist war criminals”, a statement released by the Government Media Office in Gaza said.

“We see the issuance of these memorandums as a legal step in the right direction, despite the fact that they came late”, it said.

“(however) we deplore the fact that this step was accompanied by the issuance of similar decisions against some of the leaders of our people, in a scene in which the court equated the victim with the executioner”, the Gaza Media Office said referring to requests for arrest warrants against three Hamas leaders.

The ICC arrest warrant against Benjamin Netanyahu was sought amidst widespread demand for the same by world leaders.

The far right Israeli government in Israel was lobbying to restrain the ICC from issuing the arrest warrants against its leaders. The ICC move seeking arrest warrants against the Hamas leaders in this context.

USA fumes

Meanwhile US President Joe Biden and his administration has slammed the ICC Chief Prosecutor for issuing arrest warrants against Netayahu and Gallant.

“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” Biden said in a statement released by the White House while responding to ICC Prosecutor Karim Khan’s application for arrest warrants for Israel’s Benjamin Netanyahu and Yoav Gallant.

“And let me be clear. Whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security", he added.

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