ICC issues a statement on their application for warrants of arrest on Netanyahu and Sinwar

The Chief Prosecutor at the International Criminal Court, Karim Khan released a statement on his application to seek warrants of arrest against Israel’s Prime Minister Benjamin Netanyahu and Hamas leader, Yahya Sinwar for war crimes.

Khan revealed that there were reasonable grounds to believe that the two leaders bore criminal responsibility for the Hamas attack on Israel from 7th October. The prosecutor also issued warrants of arrest against Israeli defence minister Yoav Gallant and Hamas’s political leader Ismail Haniyeh. 

The prosecutor wants them to bear responsibility for the following war crimes committed in the state of Palestine and the territory of Israel:

• 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);
• Rape and other acts of sexual violence as crimes against humanity, contrary to Article 7(1)(g), and also as war crimes pursuant to Article 8(2)(e)(vi) in the context of captivity;
• Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
• Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
• Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
• Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

The judges at the International Criminal Court will now decide if the prosecution has presented enough evidence to issue warrants, a process that could take weeks or months.

Netanyahu has opposed the move by the prosecutor saying that he rejected “with disgust The Hague prosecutor’s comparison between democratic Israel and the mass murderers of Hamas”.

Hamas also demanded the cancellation of the warrants of arrest against the Palestinian leaders claiming that Khan was attempting to equate the victim with the executioner.

Supporters of Israel have also come out to criticise the move by ICC with President Joe Biden terming the move as “outrageous”.