International Criminal Court Issues Arrest Warrants for Leaders of Israel and Hamas

The International Criminal Court has issued arrest warrants for both the leaders of Israel and the leaders of Hamas.

On Monday, the court issued warrants for Hamas leaders Yahya Sinwar and Ismail Haniyeh, along with Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

CBS News reports, "The Hamas leaders listed by Khan are the group's overall political leader, Ismail Haniyeh, its military commander in the Gaza Strip, Yahya Sinwar, and the overall leader of the group's military wing, Mohammed Diab Ibrahim Al-Masri."

"Today we once again underline that international law and the laws of armed conflict apply to all," ICC prosecutor Karim A.A. Khan said in a statement. "No foot soldier, no commander, no civilian leader — no one — can act with impunity. Nothing can justify wilfully depriving human beings, including so many women and children, the basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians."

Khan accused Netanyahu and Gallant of war crimes that include:

• Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;


• Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);


• Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);


• Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);


• Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;


• Persecution as a crime against humanity contrary to article 7(1)(h);


• Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

"Israel, like all States, has a right to take action to defend its population," the statement asserted. "That right, however, does not absolve Israel or any State of its obligation to comply with international humanitarian law. Notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal."

Khan also accused Hamas leaders of the following:

• Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;


• Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);


• Taking hostages as a war crime, contrary to article 8(2)(c)(iii);


• Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;


• Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;


• Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;


• Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and


• Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

The prosecutor called for the immediate release of all hostages and safe return to their families.

"I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office. We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered," Khan wrote. "I again reiterate my call for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law."