The International Criminal Court (ICC) has requested arrest warrants for Israeli and Hamas leaders in an unprecedented move linking Israel’s actions in Gaza to crimes against humanity.
Breitbart News reported that Karim Khan, the ICC prosecutor, made the formal request on Monday, targeting key figures in Israel and Hamas with accusations of severe crimes. Netanyahu and Gallant, along with Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Diab Ibrahim al-Masri, are the focus of these warrants.
The ICC, under the Rome Statute, is empowered to charge individuals with genocide, crimes against humanity, and war crimes. Khan equated Israel's self-defense operations during clashes with Hamas in Gaza to similar atrocities committed by the militant group, particularly noted for attacks it conducted on October 7, 2023.
If the court approves the warrants requested by Khan, countries that have signed the Rome Statute would have the authority to arrest the targeted individuals.
Hamas leaders are accused of orchestrating five crimes against humanity and three war crimes related to the events of October 7, which resulted in approximately 1,200 deaths among Israeli citizens and the taking of 250 hostages.
The evidence against Hamas includes narratives of heinous acts such as gang rape, execution during rapes, family massacres, infanticide, torture, and corpse desecration.
Khan’s charges against Netanyahu and Gallant allege war crimes and crimes against humanity. Specific accusations highlight causing starvation, extermination, and persecution of the civilian population within Gaza. The prosecutor contends that Israel’s tactics involved the intentional deprivation of essential resources, including food and medicine, and restricted humanitarian aid to Palestinian civilians in Gaza.
Karim Khan stated, “Israel, like all States, has a right to take action to defend its population. That right, however, does not absolve Israel or any State of its obligation to comply with international humanitarian law.”
He emphasized that Israel’s means to achieve its military goals in Gaza—through actions causing death, starvation, and suffering of the civilian population—constituted criminal activity under international law.
For Netanyahu and Gallant, the response has been swift and scathing. Israeli leaders denounced the comparison made between their country's defense measures and Hamas’ measures.
Benny Gantz articulated, "While Israel fights with one of the strictest moral codes in history, drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a bloodthirsty terror organization is a deep distortion of justice and blatant moral bankruptcy.”
Meanwhile, Netanyahu remarked in April that institutions like the ICC were established post-Holocaust to prevent genocides. He warned, “Branding Israel’s leaders and soldiers as war criminals will pour jet fuel on the fires of antisemitism.”
In summary, the ICC has taken significant steps by requesting arrest warrants for both Israeli and Hamas leaders, marking a consequential moment for international law and justice. Netanyahu and Gallant face allegations of severe criminal actions during military operations in Gaza, while Hamas leaders are accused of committing extreme atrocities. Responses from Israeli officials highlight the contentious nature of these accusations, reinforcing the debate over actions and accountability in conflict zones.
