The Chief Prosecutor of the International Criminal Court, Karim Khan, has sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israel’s defense minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim, known by his nom de guerre Deif, and Ismail Haniyeh for war crimes and crimes against humanity.
In a recorded statement, Chief Prosecutor Karim Khan announced that his office has filed an application to the ICC’s pre-trial chamber for crimes against humanity committed in Hamas’ attack on Israel on October 7, 2023 and subsequently, Israel’s war in Gaza.
#ICC Prosecutor @KarimKhanQC announces applications for arrest warrants in relation to Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh in the context of the situation in the State of #Palestine ⤵️https://t.co/WqDZecXFZq pic.twitter.com/yXsuzKYlqJ
— Int'l Criminal Court (@IntlCrimCourt) May 20, 2024
The prosecutor’s announcement of the arrest warrant comes at the same time as thousands of Israeli citizens are protesting Netanyahu’s government near the Knesset in Jerusalem.
The Prosecutor’s statement provides an explanation of the consultation process that went into the arrest warrants, which included input from a group of experts and authorities in international law.
Today will go down in the history of international law. The International Criminal Court (ICC) has applied for arrest warrants against Netanyahu & Gallant and Sinwar, Deif & Haniyeh. It's a game changer in global politics & the Israel-Palestine conflict.🧵 https://t.co/VYgFUI3zWs
— Heidi Matthews (@Heidi__Matthews) May 20, 2024
The move by Khan’s office has been criticized by lawmakers in the US and UK, who accuse the ICC of being biased against the state of Israel. Republican lawmakers in particular have claimed to be seeking international sanctions against the ICC.
On the request by the ICC Prosecutor for warrants: against Hamas, the charges of hostage taking and killing likely to stand but not others. Against Israeli leaders, all charges likely to stick. And missing charges include attacks against various civilian objects including homes!
— UN Special Rapporteur on the right to housing (@adequatehousing) May 20, 2024
Experts have suggested that Israel’s right-wing ultranationalist leaders are likely to double down in the face of the ICC prosecutor’s decision, and will harden their beliefs that Israel is being unjustly victimized. Others however, have accused the ICC prosecutor’s office of engaging in “bothsides-ism,” by equating the actions of Hamas leadership with the “genocide that Israel is perpetrating.”
The state of Israel is on trial at the ICJ, its leaders are subject to an indictment request at the ICC, its allies are subject to cases in national courts, independent human rights mechanisms have condemned them & millions are in the streets demanding justice. Justice is coming.
— Craig Mokhiber (@CraigMokhiber) May 20, 2024
The charges of “rape” against Hamas leaders are baseless and shows that @KarimKhanQC is engaging in cynical politics to try to soften the blow of the real and serious charges against Israeli genocide leaders. Shameless! https://t.co/jLcFqys9Ya
— Ali Abunimah (@AliAbunimah) May 20, 2024
The arrest warrants that the @IntlCrimCourt intends to issue against the Israeli occupation leaders are a small step on the road, but they were written with a colonial mindset, employing double standards, and by corrupt, biased hands that lack true justice.
— Ramy Abdu| رامي عبده (@RamAbdu) May 20, 2024
It must be kept in mind that the ICC is a criminal tribunal, and is not part of the United Nations system, unlike the International Court of Justice (ICJ), where Israel is facing accusations of breaching its obligations under the Genocide Convention, in a case brought by South Africa. Israel has largely ignored the provisional measures that were ordered by the International Court of Justice.
Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators.
— Hadja Lahbib (@hadjalahbib) May 20, 2024
Statement 🇧🇪⬇️ https://t.co/xdU5We7gx0 pic.twitter.com/I3SBRSbOkW