20 May 2024

Netanyahu, Sinwar; Cites Israel, Hamas War Crimes

 ICC Prosecutor Seeks Arrest Warrants for Netanyahu, Sinwar, Citing Gaza War Crimes by Hamas and Israel

ICC Prosecutor Seeks Arrest Warrants for Netanyahu, Sinwar, Citing Gaza War  Crimes by Hamas and Israel - Israel News - Haaretz.com
The ICC's chief prosecutor's application says that there are 'reasonable grounds' to believe Israeli and Hamas leaders bear criminal responsibility for 'extermination as crime against humanity'; Israeli defense chief Gallant is also included, along with Hamas leaders Haniyeh and Deif

...He attributed the following war crimes to Israeli leaders: Extermination, starvation of civilians as a method of warfare, intentionally directing attacks against a civilian population.

The prosecutor's request to issue arrest warrants will be examined by three ICC judges in a pre-trial, who will decide whether there is sufficient evidence for the case to go to trial.
  • Based on past experience, the court will render its verdict within a few weeks or months. 
  • To date, the prosecutors' requests to issue warrants have been mostly approved.
Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.Credit: David Bachar

In an official memo on the ICC's website, Khan announced that the war crimes alleged by Israel in the application "were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy."

Khan said that "Israel, like all States, has a right to take action to defend its population," but claimed that "the means Israel chose to achieve [that right] in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal."
The statement also stipulated that Sinwar, Haniyeh and Deif "are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas and other armed groups on October 7 and the taking of at least 245 hostages."

. . .The United States has yet to publicly react to the ICC news, though it has consistently said that it believes the ICC does not have jurisdiction since Israel is not a signatory to the court

"Since this president has come into office, we have worked to reset our relationship with the ICC. And we are in contact with the court on a range of issues, including in connection to the court's important work on Darfur, on Ukraine, on Sudan as well. But on this investigation, our position is clear. We continue to believe that the ICC does not have jurisdiction over the Palestinian situation," State Department deputy spokesperson Vedant Patel said last week.

Open gallery view

Palestinians walk at the site of Israeli strikes on houses, in Jabalya in the northern Gaza Strip, November.Credit: STRINGER/ REUTERS

12 Republican senators recently wrote to Khan, warning him that any arrest warrant would be interpreted "not only as a threat to Israel's sovereignty but to the sovereignty of the United States."
"Target Israel and we will target you," the senators wrote, adding that they will "sanction your employees and associates, and bar you and your families from the United States."

Arrest warrants have never been issued against Israeli officials. But in March 2023, the ICC issued a warrant against Russian President Vladimir Putin as part of an investigation into possible Russian war crimes in Ukraine and his alleged involvement in the abduction of Ukrainian children to Russia. As a result, Putin can't visit countries where he thinks he might be arrested.
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