Israel Gaza war: ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders

The primary legal representative for the International Criminal Court (ICC) has requested the issuance of apprehension orders for Benjamin Netanyahu, the Israeli Prime Minister, and Yahya Sinwar, the leader of Hamas in Gaza, on grounds of committing acts of war that are deemed criminal.

Karim Khan KC stated that there are valid reasons to presume that both men hold legal accountability for war crimes and crimes against humanity since the day when Hamas launched an attack on Israel on 7 October.

The authorities are looking to capture Yoav Gallant, the defence minister of Israel, and Ismail Haniyeh, the political leader of Hamas. Additionally, Mohammed Deif, the military leader of the organization, is also under the radar of the law enforcement agencies.

The determination of whether there is enough evidence to issue arrest warrants will be made by the ICC judges. This process may extend for several weeks or even months.

In a written statement, Mr Netanyahu expressed his strong disapproval of the comparison made by The Hague prosecutor between Israel, a democratic nation, and the brutal mass murderers of Hamas.

Joe Biden, the President of the United States, labeled the decision of the ICC prosecutor as "unacceptable".

Israel's foreign minister, Israel Katz, expressed his disapproval of Mr. Khan's decision to meet with convicted terrorist Tariq Ramadan. Katz described the move as an extreme and offensive attack on the victims of the 7 October attacks, and a shameful act that will be forever remembered in history.

He declared the establishment of a unique headquarters that would combat the ruling. He explained that it was created to restrict Israel's actions and deprive them of the opportunity to protect themselves.

Hamas requested the revocation of all arrest orders against Palestinian resistance leaders. They condemned the actions of Mr. Khan, which they believe attempts to equalize the offender with the victim.

The group expressed dissatisfaction, stating that the request for warrants to be issued against Mr. Netanyahu and Mr. Gallant was made way after seven months and that no other political and military figures from Israel were identified and held accountable alongside them.

Mr Khan has alleged that the leaders of Hamas have engaged in various criminal acts such as genocide, homicide, abducting hostages, rape and sexual aggression, and torment.

He stated that the charges of committing crimes against humanity were connected to an orchestrated and extensive assault on the non-military population of Israel carried out by the armed groups like Hamas.

We believe that some of these offenses are still ongoing.

According to him, Hamas has caused immense suffering through deliberate brutality and extreme indifference.

He alleged that the prime minister and defence minister of Israel were being accused of committing heinous acts such as using starvation as a tactic of war, carrying out killings, deliberately targeting innocent civilians, and even participating in acts of genocide.

According to Mr Khan, there is proof that Israel deliberately and consistently denied the people of Gaza access to basic necessities essential for human survival.

According to him, Israel has the legitimate right to protect itself. However, he strongly disapproves of any actions that intentionally harm innocent civilians including causing their demise, starvation, immense suffering, or serious harm to their physical or mental wellbeing. He deems these actions to be criminal and morally unjustifiable.

Benny Gantz, a member of the Israeli war cabinet and political opponent of Mr. Netanyahu, criticized the prosecutor's choice.

According to him, comparing the leaders of a democratic nation striving to protect itself from heinous acts of terrorism with the leaders of a violent terrorist group is a grave injustice and a clear lack of morality.

There are allegations being made against both the authorities of Israel and Hamas, based on the situation that occurred on October 7. During this event, a series of Hamas gunmen launched assaults on Israel, which resulted in the deaths of approximately 1,200 individuals, with an additional 252 being taken into custody and brought back to Gaza as hostages. This sudden attack acted as a catalyst for the current ongoing conflict, in which a reported 35,500 Palestinians have lost their lives in Gaza as per the Hamas-run health ministry.

Israel and Qatar do not belong to the ICC, but the Palestinian territories were accepted as a member state in 2015. If the ICC decides to issue arrest warrants, member nations will be responsible for carrying out the arrests.

Israel and its allies may be deeply alarmed if Mr. Netanyahu becomes the first Western-style democracy leader to have an ICC arrest warrant issued against him. This would also test the limits of the ICC's power.

The announcement made by the ICC was rejected by US Secretary of State Antony Blinken, who stated that the court has no authority over this issue according to the US.