ICC Chief Prosecutor Karim A.A. Khan has announced that he has filed for arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israeli Minister of Defense Yoav Gallant, and three senior Hamas leaders. The Hamas figures named are Ismail Haniyeh, the group’s overall political leader, Yahya Sinwar, its military commander in Gaza, and Mohammed Diab Ibrahim Al-Masri, leader of Hamas’ military wing.
The International Criminal Court (ICC) judges will review the applications to determine if the criteria for issuing arrest warrants are met in the context of Israel’s ongoing conflict with Hamas in Gaza. Khan emphasized the universality of international law and the laws of armed conflict, stating, “No foot soldier, no commander, no civilian leader — no one — can act with impunity. Nothing can justify willfully depriving human beings, including so many women and children, of the basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians.”
The warrants follow a thorough investigation into Hamas’ October 7 attack on Israel and Israel’s subsequent military actions in Gaza. Hamas, designated a terrorist group by the U.S. and Israel, has controlled Gaza for nearly two decades.
U.S. and Israeli Reactions
President Biden criticized the ICC’s move, calling it “outrageous” and emphasizing that there is “no equivalence — none — between Israel and Hamas.” He reiterated U.S. support for Israel’s security.
Israeli officials also condemned the ICC’s actions. Netanyahu described them as a “moral outrage of historic proportions,” accusing Khan of drawing a false equivalence between Israeli leaders and Hamas operatives. He likened the comparison to equating President Bush with Osama bin Laden after 9/11.
Defense Minister Gallant called the comparison “despicable” and rejected the ICC’s authority over Israel, which does not recognize the court. President Isaac Herzog also criticized the decision, warning it undermines the international judicial system and emboldens terrorists.
The Hostages and Missing Families Forum, representing families of Israeli hostages in Gaza, supported the ICC’s move against Hamas but disagreed with equating Israel’s actions with those of Hamas.
Hamas’ Response
Hamas also rejected the ICC’s move, claiming it unfairly equates victims with perpetrators and urged the court to reverse its decision.
Allegations Against Netanyahu and Gallant
Khan’s office accuses Netanyahu and Gallant of war crimes and crimes against humanity, including the starvation of civilians, willful killing, and intentionally targeting civilian populations during the war against Hamas. Khan asserted that these actions constitute a widespread and systematic attack against Palestinian civilians as part of state policy, and evidence includes survivor and witness testimony, as well as video documentation.
Allegations Against Hamas Leaders
Sinwar, Haniyeh, and Al-Masri are accused of war crimes and crimes against humanity, such as extermination, murder, hostage-taking, rape, and torture. Khan’s office claims these crimes were part of a systematic attack on Israeli civilians and that the Hamas leaders have acknowledged their involvement through various actions.
Background and Jurisdiction of the ICC
The ICC, established by the Rome Statute in 2002, prosecutes individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. The court has jurisdiction over 124 countries that are signatories to the Rome Statute. Although neither Israel nor the United States are signatories, the ICC claims jurisdiction over Palestinian territories and Palestinians in Israel based on Palestine’s status as a signatory recognized by the U.N.