The International Criminal Court could soon issue arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, more than seven months into the war between the two sides, based on a request by the court’s chief prosecutor. Karim Khan said that he believes Netanyahu, Defense Minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.
Quick Read
Here’s a bullet point summary about the ICC and its considerations for issuing arrest warrants against leaders from Israel and Hamas:
- International Criminal Court (ICC): Established in 2002, the ICC is designed to prosecute individuals for severe international crimes, including war crimes, crimes against humanity, genocide, and the crime of aggression. It operates based on the Rome Statute, ratified by 124 member states, but notable non-members include Israel, the United States, Russia, and China.
- Potential Arrest Warrants: The ICC’s chief prosecutor, Karim Khan, has indicated potential responsibility for war crimes and crimes against humanity by key figures from both Israel, including Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and Hamas, including Yehia Sinwar and Ismail Haniyeh.
- ICC and National Jurisdictions: The ICC intervenes when national jurisdictions are unable or unwilling to prosecute alleged crimes, a point of contention with countries like Israel that claim to have robust legal systems capable of handling such issues internally.
- Controversies and Sanctions: The court has faced criticism and direct sanctions, notably from the U.S. under President Trump, although these were later lifted by President Biden. The court has been accused of bias, particularly by Israel, which has been a recurring theme in its relations with international bodies.
- ICC’s Scope and Activities: Since its inception, the ICC has broadened its focus from primarily African cases to include issues in Asia, Europe, the Middle East, and Latin America. It has issued 42 arrest warrants and secured 10 convictions.
- Status of Palestine in the ICC: The Palestinian territories joined the ICC in 2015 after the U.N. elevated their status to a non-member observer state in 2012, enabling them to participate in international organizations.
- Current Focus on Israeli and Hamas Leaders: The ongoing investigation by the ICC into the actions of both Israeli leaders and Hamas militants reflects its commitment to addressing serious international crimes, emphasizing the importance of applying international humanitarian law even amidst conflict.
The Associated Press has the story:
What is ICC & why it is considering arrest warrants for Israeli, Hamas leaders
Newslooks- THE HAGUE, Netherlands (AP) —
The International Criminal Court could soon issue arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, more than seven months into the war between the two sides, based on a request by the court’s chief prosecutor.
Karim Khan said that he believes Netanyahu, Defense Minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.
The ICC was established in 2002 as the permanent court of last resort to prosecute individuals responsible for the world’s most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression.
The Rome Statute creating the ICC was adopted in 1998 and took effect when it got 60 ratifications on July 1, 2002. The U.N. General Assembly endorsed the ICC, but the court is independent.
Without a police force, the ICC relies on member states to arrest suspects, which has proven to be a major obstacle to prosecutions.
Netanyahu said last month that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.” He said that while the ICC won’t affect Israel’s actions, it would “set a dangerous precedent.”
WHAT IS THE ICC?
The ICC’s 124 member states have signed on to the Rome Statute. Dozens of countries didn’t sign and don’t accept the court’s jurisdiction over war crimes, genocide and other crimes. They include Israel, the United States, Russia and China.
The ICC becomes involved when nations are unable or unwilling to prosecute crimes on their territory. Israel argues that it has a functioning court system, and disputes over a nation’s ability or willingness to prosecute have fueled past disputes between the court and individual countries.
In 2020, then U.S. President Donald Trump authorized economic and travel sanctions on the ICC prosecutor and another senior prosecution office staffer. The ICC staff were looking into U.S. and allies’ troops and intelligence officials for possible war crimes in Afghanistan.
U.S. President Joe Biden, whose administration has provided crucial military and political support for the Gaza offensive, lifted the sanctions in 2021.
The ICC has 17 ongoing investigations, issued a total of 42 arrest warrants and taken 21 suspects into custody. Its judges have convicted 10 suspects and acquitted four.
In its early years, the court was criticized for focusing on crimes in Africa, but now it has investigations in Asia, Europe, the Middle East and Latin America.
WHAT IS THE ICC’S RELATIONSHIP TO ISRAEL AND PALESTINIAN TERRITORIES?
The U.N. General Assembly raised the Palestinians’ status in 2012 from a U.N. observer to a nonmember observer state. That opened the door for the Palestinian territories to join international organizations, including the ICC.
The ICC accepted “The State of Palestine” as a member in 2015, a year after the Palestinians accepted the court’s jurisdiction.
The court’s chief prosecutor at the time announced in 2021 that she was opening an investigation into possible crimes on Palestinian territory. Israel often levies accusations of bias at U.N. and international bodies, and Netanyahu condemned the decision as hypocritical and antisemitic.
Khan, the current ICC prosecutor, visited Ramallah and Israel in December, meeting Palestinian officials and families of Israelis killed or taken hostage by Hamas militants in the Oct. 7 attack that sparked the Israel-Hamas war.
Khan called Hamas’ actions “some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address,” and called for the immediate and unconditional release of all hostages.
Khan said “international humanitarian law must still apply” in the Israel-Hamas war and “the Israeli military knows the law that must be applied.” After the visit, Khan said that an ICC investigation into possible crimes by Hamas militants and Israeli forces “is a priority for my office.”
WHO ELSE HAS THE ICC CHARGED?
Last year, the court issued a warrant for Russian President Vladimir Putin on charges of responsibility for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for Khan and ICC judges.
Other high-profile leaders charged by the court include ousted Sudanese strongman Omar al-Bashir on allegations including genocide in his country’s Darfur region. Former Libyan leader Moammar Gadhafi was captured and killed by rebels shortly after the ICC issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011.
