International Criminal Court (ICC) Prosecutor Karim A.A. Khan has applied for arrest warrants for Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), and Ismail Haniyeh, as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Khan accused the Hamas leaders of crimes against humanity, stating, “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.”
Khan also charged Israeli leaders with war crimes, claiming that “Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.”
The World Court prosecutor detailed how Israel imposed a total siege on Gaza, closing border crossings, restricting essential supplies, and cutting off water and electricity.
“These acts 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,” Khan said.
The criminal charges confirm what dozens of Israel-based civil society and human rights organizations have been saying as they called for an immediate ceasefire. A statement released on Feb. 8, 2024, by those organizations, condemned the brutal savagery of Netanyahu’s murderous regime
Emphasizing the need to prevent further civilian casualties and to allow unrestricted access for humanitarian aid, the statement was signed by numerous organizations, including Akevot Institute for Israeli-Palestinian Conflict Research, Amnesty International Israel, B’Tselem, Physicians for Human Rights Israel, Rabbis for Human Rights, Yesh Din, and Zazim – Community Action, among others.
These groups and others represent a broad spectrum of Israeli civil society committed to addressing and resolving the conflict through lawful and humanitarian means.
They cited the severe humanitarian crisis in Gaza, which then had over 27,000 deaths and 66,000 injuries. The organizations described the massive displacement of 1.7 million people and the destruction of homes, infrastructure, and essential services.
“We, the undersigned Israel-based civil society and human rights organizations, call for an immediate ceasefire in the Gaza Strip and demand the immediate release of hostages held in the Gaza Strip,” the statement read. “An immediate ceasefire will prevent further loss of civilian lives and facilitate access to vital aid for Gaza to address the unprecedented humanitarian catastrophe there.”
Physicians for Human Rights Israel highlighted the dire conditions in Gaza, stating, “Israel has been intentionally starving the residents of the Gaza Strip for the last (seven) months, while continuing to punish civilians through its 16-year-long blockade. Starving the civilian population as a method of warfare is a violation of international law and is recognized as a war crime.”
B’Tselem, The Israeli Information Center for Human Rights in the Occupied Territories, echoed this sentiment, saying, “Examining the elements that render starvation a war crime under international criminal law – in light of the information available to B’Tselem from reports by various international bodies and testimonies collected by our field researchers – yields that Israel has been committing this war crime for months.”
Combatants for Peace called for solidarity and a political solution, stating, “The lives of everyone connected to Israel and Palestine will never be the same since October 7th, 2023. With tens of thousands of lives cut short, families torn apart, children traumatized, now more than ever we need to continue to show up for one another to mourn and remember. And, as we do every year, call for an end to the violence and demand a political solution that brings freedom, justice, and safety for all.”
The coalition of organizations urged the international community to enforce international humanitarian law and hold accountable those responsible for violations. The statement concluded, “These steps are vital for ensuring human rights and security for Israelis and Palestinians alike.”
The stunning announcement by the International Criminal Court’s chief prosecutor drew sharp indignation from both warring parties charged with war crimes and crimes against humanity.
Karim Khan’s statement listed extensive charges and sought additional arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant as well as Hamas leader Yehiya Sinwar, and two other top Hamas chieftains— Mohammed Diab Ibrahim al-Masri, the leader of the Izzedine al-Qassam Brigades better known as Mohammed Deif, and Ismail Haniyeh, Hamas’s political leader.
The ICC is the only permanent international court that wields power to prosecute individuals for genocide, crimes against humanity and war crimes. Its announcement Monday was historic: Although Israel is not a signatory to the Rome Statute, upon which the court is founded, the arrest warrants, if issued, would nonetheless stigmatize the country’s senior leaders.
The ICC’s pre-trial chamber will now consider Khan’s application. If it approves the request, international arrest warrants would be issued for the five men and would be enforced by the court’s 124 member states.
Current figures with outstanding ICC arrest warrants include Russian President Vladimir Putin, for the crime of unlawful deportation and population transfer from occupied areas of Ukraine to Russia, and the deposed president of Sudan, Omar Hassan al-Bashir, for crimes against humanity and genocide.
President Biden described the warrant applications as “outrageous.”
“Let me be clear: Whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas,” said Biden, who is facing criticism within the Democratic Party for continuing to supply weapons Israel is using to slaughter children.
Biden stated, “We will always stand with Israel against threats to its security.”
House Minority Leader Hakeem Jeffries and other Democrats echoed Biden in his condemnation of “any equivalence between Israel and Hamas” but the simultaneous application for arrest warrants does not mean that both sides committed the same crimes, only that each is suspected of international law violations.
Earlier this month, Biden signed off on a pause of 3,500 bombs to Israel that administration officials feared would be dropped on Rafah — where Israel has issued evacuation orders for some of the estimated 1.4 million civilians sheltering there as it appears poised to continue its advancement on the southern Gaza city.
“Hamas launched its barbaric attack on innocent Israelis on October 7th, and the Israeli government has the right and duty to defend their nation and their citizens, while taking steps to protect civilian lives,” said Rep. Adam Schiff, who is running for Senate.
It is estimated that more than 36,067 people – more than 15,000 of whom are children –have been killed in Gaza compared with 1,139 people killed in Israel since October 7.
“In the last several years, the International Criminal Court (ICC) has issued arrest warrants for political leaders who violate international law and engage in war crimes and crimes against humanity,” said Sen. Bernie Sanders. “That includes Russian President Vladimir Putin, whose illegal invasion of Ukraine initiated the most destructive war in Europe since World War II; Yahya Sinwar, the Hamas leader who started the horrific war in Gaza by launching a terrorist attack against Israel, which killed 1,200 innocent men, women, and children; and Israeli Prime Minister Benjamin Netanyahu, who, in response, has waged an unprecedented war of destruction against the entire Palestinian people, which has killed or injured over 5 percent of the population.”
“The ICC prosecutor is right to take these actions,” said Sanders, who recently proposed a resolution requiring the State Department to conduct a study on whether Israel has committed war crimes. “These arrest warrants may or may not be carried out, but it is imperative that the global community uphold international law. Without these standards of decency and morality, this planet may rapidly descend into anarchy, never-ending wars, and barbarism.”