The ICC sought arrest warrants for Hamas leaders and Prime Minister Netanyahu of Israel
in one declareICC prosecutor Karim Khan said there were reasonable grounds to believe that Yahya Sinwar of Hamas, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh “criminally responsible” for murder, extermination and hostage-taking – among countless other crimes – since the Gaza conflict erupted following Hamas-led attacks in southern Israel on October 7.
There are also reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, Israel’s Minister of Defense, responsible for other crimes and crimes against humanity “committed on the territory of the State of Palestine”.
Alleged starvation tactics
These include “starving civilians as a method of warfare as a war crime…intentionally directing attacks against civilians.” [and] destroy and/or kill people”.
In spite of ICC is not a United Nations organization, it has a cooperation agreement with the United Nations. And when a situation does not fall under the jurisdiction of the court or the United Nations Security Council can refer the case to the ICC, giving it jurisdiction.
To supplement the charges, Prosecutor Khan, a British national born in Edinburgh, noted that his Office interviewed victims and survivors of the October 7 terrorist attack by Hamas leads in Israel.
This includes former hostages and witnesses “from six major attack sites: Kfar Aza, Holit, site of the Supernova Music Festival, Be’eri; Nir Oz and Nahal Oz”.
‘Indescribable pain’
“It is my Office’s position that these individuals planned and incited the commission of the crimes on October 7, 2023 and through their own actions, including personally visiting the hostages immediately after they were kidnapped, admitted their responsibility for those crimes,” said Prosecutor Khan. .
“Speaking to survivors, I hear how the love in a family, the deepest bond between parent and child, has been warped to cause immeasurable pain through cruelty that can calculation and extreme callousness. These acts require accountability,” he added.
Turning to the hostages still believed to be held in Gaza, the ICC official noted that his Office had interviewed victims and survivors and that this information along with other sources showed that they had detained in inhumane conditions and some subjected to sexual violence, including rape. .
The courage of the survivors
“I want to express my gratitude to the survivors and families of the victims of the October 7 attacks for their courage in providing their accounts to my Office,” said the Attorney General. Officer Khan said. “We remain focused on deepening our investigation into all crimes committed in these attacks and will continue to work with all partners to ensure that justice is served. ”
On the issue of liability of top Israeli officials Mr. Netanyahu and Mr. Gallant, the ICC Prosecutor alleges “starvation as a method of war”.
This and other crimes against humanity were said to have been committed “as part of a widespread and systematic attack on Palestinian civilians.” according to State policy”.
To buttress the allegations, Mr. Khan cited “interviews with survivors and witnesses, authenticated video, photo and audio documents, satellite images and statements” showing “ Israel has deliberately and systematically depriving civilians in all areas of Gaza of items indispensable for human survival”.
Aid siege
Detailing the impact of the “total siege” imposed by Israel on Gaza after October 8, 2023, the ICC request to the judges explains that this involves “closing completely” three border crossings – Rafah, Kerem Shalom in the south and Erez in the north – “for long periods of time and then by arbitrarily restricting the movement of essential goods – including food and medicine – through border crossings once they reopen.”
Among other deprivations, the Israeli siege also cut off water and electricity pipelines to Gaza, the ICC Prosecutor continued, noting that Gazans also faced physical attacks when lining up to buy food while other “attacks and killings of aid workers…forced many agencies to suspend or limit their operations.”
The effects of this State policy are “acute, clear and widely known,” Mr. Khan said, noting the warning of the United Nations Secretary-General about two months ago that “1.1 million people in Gaza are facing catastrophic hunger – the highest number ever recorded anywhere, at any time.” was the result of a “completely man-made disaster”.
The heaviest crime
Although Israel has the right to self-defense under international law, Mr. Khan emphasized that “intentionally causing death, famine, great suffering” to civilians is a clear violation of the ICC’s founding charter, which is signed in Rome in 2002. Israel is not a signatory to the Rome Statute while Palestine is.
“I have consistently emphasized that international humanitarian law requires Israel to take urgent action to immediately enable large-scale access to humanitarian aid in Gaza. I especially emphasize that famine is considered a method of warfare and that the refusal of humanitarian aid is a violation of the Rome Statute.”
No one is above the law
In addition to asking judges to issue arrest warrants, the ICC statement noted that it was pursue “many complementary and interconnected lines of inquiry” about crimes committed since October 7.
They include other allegations of sexual violence in terrorist attacks led by Hamas and the widespread bombardment of Gaza “which has caused and continues to cause so many deaths, injuries and pain suffering for ordinary people”.
“Today, we once again emphasize that international law and the law of armed conflict apply to everyone. No infantryman, no commander, no civilian leader – no one – has can act with impunity,” Mr. Khan said, emphasizing his concern about escalating violence in the West Bank.
“Nothing can justify the deliberate deprivation of the basic necessities of life of human beings, including so many women and children. Nothing can justify the holding of hostages or targeting civilians.”
In a call for all parties to the Gaza conflict “to comply with the law now,” the ICC Prosecutor said his Office “will not hesitate to apply for an arrest warrant if and when we consider that the threshold of a realistic prospect of conviction has been reached.”
Not like International Court of Justice (ICJ) – is the main judicial organ of the United Nations for resolving disputes between states – the ICC tries individuals. The ICC is a permanent court based in The Hague, unlike temporary courts such as those established to try serious crimes committed in the former Yugoslavia and Rwanda.
According to ICC documents, the court’s policy is to focus on those “most responsible for the crimes” committed. No one is immune from prosecution and there is no immunity for the Head of State.
The decision on whether to issue an arrest warrant will be made by the Trial Chamber, which must also confirm the alleged charges.
An arrest warrant is issued and if the alleged perpetrator is arrested on the charges requested by the Public Prosecutor, a Trial Chamber is established, headed by three judges.
Once the trial is over, judges “may impose a prison sentence for a certain number of years, not exceeding thirty years or life imprisonment,” the ICC said.
