International Court Targets Netanyahu and Hamas Heads with Arrest Warrants

In The Hague on May 20, the International Criminal Court’s prosecutor announced his request for arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu, his defense chief, and three Hamas leaders for alleged war crimes. After more than seven months of conflict in Gaza, ICC prosecutor Karim Khan stated that he had substantial grounds to believe these five individuals hold “criminal responsibility” for purported war crimes and crimes against humanity. The request includes Israeli Defense Minister Yoav Gallant and Netanyahu, who have overseen Israel’s military operations against Hamas in Gaza since the group’s deadly raid on Israel on October 7. Khan also sought arrest warrants for Hamas leader Yahya Sinwar, Mohammed Al-Masri (also known as Deif), the commander-in-chief of Hamas’ military wing, and Ismail Haniyeh, the head of Hamas’ Political Bureau.

A group of pre-trial judges will assess whether the evidence justifies the issuance of arrest warrants. However, the court lacks the authority to enforce these warrants, and its probe into the Gaza conflict has faced opposition from both the United States and Israel.

Both Israeli and Palestinian leaders have rebuffed allegations of war crimes, with representatives from both sides criticizing Khan’s decision. Netanyahu denounced the comparison made by the prosecutor in The Hague, rejecting it as a “complete distortion of reality” and asserting that it unfairly equates democratic Israel with the actions of Hamas. President Biden condemned the legal action as “outrageous,” while Secretary of State Blinken expressed concerns that it could undermine negotiations for a hostage deal and ceasefire.

Senior Hamas official Sami Abu Zuhri criticized the prosecutor’s decision to seek warrants for the three Hamas leaders, stating that it “equates the victim with the executioner.” Hamas has demanded the cancellation of the arrest warrant request for its leaders.

NETANYAHU BEARS ‘CRIMINAL RESPONSIBILITY’

In March 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin concerning alleged war crimes during the Ukraine conflict. However, Monday’s action marked the first instance where Khan has sought involvement in the Middle East conflict.

“Israel, like all States, has the right to take action to defend its population,” Khan stated. “That right, however, does not exempt Israel or any state from its obligation to adhere to international humanitarian law.”

He asserted that the alleged crimes against humanity attributed to Israel were part of “a widespread and systematic attack against the Palestinian civilian population in accordance with State policy.”

“These crimes, as per our assessment, persist to this day,” Khan declared. The evidence collected by his office indicated that Israel had systematically deprived civilians of “essential items for human survival,” including food, water, medicine, and energy. He held Netanyahu and Gallant accountable for Israel’s deliberate infliction of significant suffering and for committing war crimes through killings.

The Hamas leaders are accused of bearing responsibility for crimes committed by Hamas, including extermination, murder, hostage-taking, torture, rape, and other forms of sexual violence.

“Drawing comparisons between the leaders of a democratic nation committed to defending itself from reprehensible terrorism and leaders of a bloodthirsty terrorist organization like Hamas is a grave perversion of justice and a clear moral bankruptcy,” remarked Israeli war cabinet minister Benny Gantz.

WATERSHED EVENT

The ICC stands as the world’s premier permanent international war crimes tribunal. Its 124 member states are mandated to promptly apprehend any wanted individual present on their territory. Serving as a court of last resort, the ICC intervenes only when a state demonstrates unwillingness or genuine inability to prosecute such cases domestically. Israel maintains that alleged war crimes in Gaza are under investigation within its own jurisdiction.

Israel, alongside its primary ally, the United States, refrains from ICC membership, as do China and Russia. Historically, member states have failed to surrender suspects who entered their territories, such as Sudanese former President Omar Bashir, sought since 2005 for war crimes and genocide. However, the issuance of warrants against Israeli leaders could place court members, including nearly all European Union nations, in a diplomatically delicate position.

“This marks a significant moment in the annals of international justice,” remarked Reed Brody, a seasoned war crimes prosecutor. “In its over 21-year existence, the ICC has never indicted a Western official. In fact, no international tribunal since Nuremberg, which targeted representatives of Nazi Germany, has done so.”

At least 35,000 Palestinians have lost their lives in the Gaza conflict, as reported by the enclave’s health ministry. Aid organizations have also issued warnings regarding widespread hunger and severe shortages of fuel and medical supplies. Israeli records indicate that approximately 1,200 individuals were killed and over 250 were taken hostage during the Hamas-led rampage on October 7.