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ICC seeks arrest warrant for Israeli & Hamas leaders, including Netanyahu

The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas. Karim Khan said that he believes Netanyahu, his defense minister Yoav Gallant and three Hamas leadersYehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

Quick Read

  • ICC Prosecutor’s Move: The chief prosecutor of the International Criminal Court, Karim Khan, announced plans to seek arrest warrants for leaders from both Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, for alleged war crimes and crimes against humanity.
  • Specific Targets: Alongside Netanyahu, the ICC is also targeting Israeli Defense Minister Yoav Gallant and three Hamas leaders—Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh.
  • Legal Process: These warrants must be requested from a pre-trial panel of judges, who will review the evidence over approximately two months before deciding if the case will proceed.
  • Implications for Israel: Since Israel is not a member of the ICC, its leaders are not at immediate risk of arrest, but the warrants could restrict their international travel.
  • Accusations Against Israel: The ICC has noted severe accusations against Israel, including the use of starvation as warfare and collective punishment in Gaza, contributing to a humanitarian crisis.
  • Response from Israel: Israeli officials, including Benny Gantz, have strongly criticized the ICC’s decision, defending Israel’s actions as just and necessary in response to Hamas attacks.
  • Hamas Leaders’ Status: Sinwar and Deif are believed to be in Gaza, while Haniyeh resides in Qatar and travels around the region.
  • Background of Conflict: The ICC’s announcement follows a prolonged and deadly conflict, initiated by a Hamas attack on October 7, which has resulted in significant casualties and a humanitarian crisis in Gaza.
  • International Context: This move by the ICC mirrors a previous action where an arrest warrant was issued for Russian President Vladimir Putin for war crimes in Ukraine.

The Associated Press has the story:

ICC seeks arrest warrant for Israeli & Hamas leaders, including Netanyahu

Newslooks- JERUSALEM (AP) —

The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas.

FILE – Karim Ahmed Khan, International Criminal Court chief prosecutor, speaks during a news conference at the Ministry of Justice in the Khartoum, Sudan, Thursday, Aug. 12, 2021. The International Criminal Court’s prosecutor has put combatants and their commanders on notice that he is monitoring Russia’s invasion of Ukraine and has jurisdiction to prosecute war crimes and crimes against humanity. But, at the same time, Prosecutor Karim Khan acknowledges that he cannot investigate the crime of aggression. (AP Photo/Marwan Ali, File)

Karim Khan said that he believes Netanyahu, his defense minister Yoav Gallant and three Hamas leadersYehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

Israeli Defense Minister Yoav Gallant pauses while making a brief statement to the media with U.S. Secretary of State Antony Blinken, not pictured, at The Kirya, Israel’s Ministry of Defense, Monday, Oct. 16, 2023, in Tel Aviv. The chief prosecutor of the International Criminal Court said Monday, May 20, 2024, he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas. Netanyahu, his defense minister Gallant, and three Hamas leaders, are believed to be responsible for war crimes and crimes against humanity in the Gaza Strip and Israel. (AP Photo/Jacquelyn Martin, Pool, File)

The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence and determine if the proceedings can move forward.

Israel is not a member of the court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But Khan’s announcement deepens Israel’s isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Yehia Sinwar, head of Hamas in Gaza, greets his supporters during a meeting with leaders of Palestinian factions at his office in Gaza City, Wednesday, April 13, 2022. The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas. Yehia Sinwar is one of the three Hamas leaders believed to be responsible for war crimes and crimes against humanity in the Gaza Strip and Israel. (AP Photo/Adel Hana)

Both Sinwar and Deif are believed to be hiding in Gaza as Israel tries to hunt them down. But Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region.

Benny Gantz, a former military chief and member of Israel’s War Cabinet with Netanyahu and Gallant, harshly criticized Khan’s announcement, saying Israel fights with “one of the strictest” moral codes and has a robust judiciary capable of investigating itself.

Hamas chief Ismail Haniyeh speaks during a press briefing after his meeting with Iranian Foreign Minister Hossein Amirabdollahian in Tehran, Iran, Tuesday, March 26, 2024. The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas. Haniyeh is one of the three Hamas leaders believed to be responsible for war crimes and crimes against humanity in the Gaza Strip and Israel. (AP Photo/Vahid Salemi, File)

“The State of Israel is waging one of the just wars fought in modern history following a reprehensible massacre perpetrated by terrorist Hamas on the 7th of October,” he said. “The prosecutor’s position to apply for arrest warrants is in itself a crime of historic proportion to be remembered for generations.

Israel launched its war in response to an Oct. 7 cross-border attack by Hamas that killed some 1,200 people, mostly civilians, and took 250 others hostage. The Israeli offensive has killed over 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials. The Israeli offensive has also triggered a humanitarian crisis in Gaza, displacing roughly 80% of the population and leaving hundreds of thousands of people on the brink of starvation, according to U.N. officials.

Exterior view of the International Criminal Court, or ICC, in The Hague, Netherlands, Tuesday, April 30, 2024. Israeli officials sound increasingly concerned that the International Criminal Court could issue arrest warrants for the country’s leaders more than six months into the Israel-Hamas war. (AP Photo/Peter Dejong)

Speaking of the Israeli actions, Khan said in a statement that “the effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known. … They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.”

The United Nations and other aid agencies have repeatedly accused Israel of hindering aid deliveries throughout the war. Israel denies this, saying there are no restrictions on aid entering Gaza and accusing the United Nations of failing to distribute aid. The U.N. says aid workers have repeatedly come under Israeli fire, and also says ongoing fighting and a security vacuum have impeded deliveries.

FILE – Israeli Prime Minister Benjamin Netanyahu chairs a cabinet meeting at the Kirya military base, which houses the Israeli Ministry of Defense, in Tel Aviv, Israel, on Dec. 24, 2023. The chief prosecutor of the International Criminal Court said Monday, May 20, 2024 he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas. (AP Photo/Ohad Zwigenberg, Pool, File)

Of the Hamas actions on Oct. 7, Khan, who visited the region in December, said that he saw for himself “the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.”

After a brief period of international support for its war, Israel has faced increasing criticism as the war has dragged on and the death toll has climbed.

Presiding judge Joan Donoghue, third from left, reads the United Nations top court’s ruling in The Hague, Netherlands, Friday, Feb. 2, 2024 on whether it has jurisdiction to hear a case filed by Ukraine in the days after Russia’s invasion accusing Moscow of breaching the genocide convention. In the highly-charged case, Kyiv claims that Russia breached the landmark 1948 convention by using trumped-up claims of genocide in the eastern regions of Luhansk and Donetsk as a pretext for attacking Ukraine nearly two years ago. (AP Photo/Peter Dejong)

Israel is also facing a South African case in the International Court of Justice accusing Israel of genocide. Israel denies those charges.

Khan’s request for warrants in the Israel-Gaza conflict comes 14 months after the court issued an arrest warrant for Russian President Vladimir Putin for war crimes, accusing him of personal responsibility for abductions of children from Ukraine.

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