New Delhi: The International Criminal Court has sought an arrest warrant for Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity in Gaza. Arrest warrants have also been sought for Israeli defence minister Yaov Gallant and three Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh.The court’s chief prosecutor, Karim Khan, has released a statement detailing the charges against these leaders, and said that his office has collected evidence in support.War crimes by Netanyahu and GallantThe statement says:“On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023: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).”“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day,” Khan’s statement continues.Khan continues that Israel has made it a point to “intentionally and systematically” deprive civilians in Gaza “of objects indispensable to human survival”:“This occurred through the imposition of a total siege over Gaza that involved completely closing the three border crossing points, Rafah, Kerem Shalom and Erez, from 8 October 2023 for extended periods and then by arbitrarily restricting the transfer of essential supplies – including food and medicine – through the border crossings after they were reopened. The siege also included cutting off cross-border water pipelines from Israel to Gaza – Gazans’ principal source of clean water – for a prolonged period beginning 9 October 2023, and cutting off and hindering electricity supplies from at least 8 October 2023 until today. This took place alongside other attacks on civilians, including those queuing for food; obstruction of aid delivery by humanitarian agencies; and attacks on and killing of aid workers, which forced many agencies to cease or limit their operations in Gaza.”Israel, according to Khan, had created a plan to “use starvation as a method of war”. As a result, “Famine is present in some areas of Gaza and is imminent in other areas.”Before resorting to this action, Khan said, he has made repeated efforts to demand “that Israel take urgent action to immediately allow access to humanitarian aid in Gaza at scale”. “As I also repeatedly underlined in my public statements, those who do not comply with the law should not complain later when my Office takes action. That day has come,” he said.War crimes by Hamas leadersOn the charges against the Hamas leaders, Khan has said:“On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023: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; andOutrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.”These three, he says, are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages.“It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes,” Khan has stated.What next?In the decision to seek arrest warrants and prepare materials, Khan said, he took advice from a panel of experts in international law, all of whom stood by this call.A panel of ICC judges will now consider Khan’s application for the arrest warrants. “The independent judges of the International Criminal Court are the sole arbiters as to whether the necessary standard for the issuance of warrants of arrest has been met. Should they grant my applications and issue the requested warrants, I will then work closely with the Registrar in all efforts to apprehend the named individuals. I count on all States Parties to the Rome Statute to take these applications and the subsequent judicial decision with the same seriousness they have shown in other Situations, meeting their obligations under the Statute. I also stand ready to work with non-States Parties in our common pursuit of accountability,” Khan has said.After Hamas’s October 7, 2023 terror attack, Israel initiated a military operation in Gaza. There were 1,200 people killed and 252 people taken hostage by Hamas on October 7. Since then, more than 35,090 individuals, mostly women and children, have been killed in Israel’s military operation in Gaza. Israeli Prime Minister Benjamin Netanyahu has ignored all calls for a ceasefire.South Africa has filed a genocide case against Israel at the International Court of Justice. In its interim order in January, the court had told Israel to abide by the Geneva Convention. There was no abatement in Israel’s actions, and in March the ICJ issued fresh orders saying that Israel shall take “all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance to Palestinians throughout Gaza”.
