The prosecutor of the International Criminal Court (ICC) has applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and senior Hamas leaders on suspicion of war crimes and crimes against humanity.
Prosecutor Karim Khan said in a statement that he was applying for arrest warrants for Netanyahu and Israeli Defense Minister Yoav Gallant on charges of "deliberate use of starvation as a means of warfare," "willful killing" and "genocide and/or murder."
Referring to the charges against Netanyahu and Gallant, Karim Khan said: "We believe that the alleged crimes against humanity are part of a widespread and systematic attack against Palestinian civilians in accordance with State policy. ”
"According to our assessment, these crimes continue to this day."
Hamas's leader in the Gaza Strip, Yahya Sinwar, and Hamas's political leader, Ismail Haniyeh, have been charged with "genocide," "rape and other acts of sexual violence," and "hostage-taking war crimes."
"We believe that the alleged crimes against humanity are part of a widespread, systematic attack by Hamas and other armed groups against Israeli civilians in accordance with organizational policies," the statement said. ”
Karim Khan said two Hamas leaders and Mohammed Deif, leader of Hamas's armed wing, were "criminally responsible for killing hundreds of Israeli civilians" in the Oct. 7, 2023, attack.
What happens next?
ICC judges will decide whether the application meets the requirements for a formal arrest warrant, a process that can take weeks or even months.
Karim Khan said: "Today, we stress once again that international law and the law of armed conflict apply to all. No soldier, no commander, no civilian leader, no one can go unpunished. ”
If the arrest warrant is granted, any of the 124 ICC member states would theoretically be obliged to arrest Netanyahu for travel there.
But while arrest warrants may complicate some of Netanyahu's travels, the ICC has no mechanism to enforce them and can only rely on the actions of its member states.
Legal experts told AFP that Hamas and Israel could face war crimes charges over the conflict.
Senior war crimes prosecutor Reed Brody said the application was "a watershed moment in the history of international justice."
What is the International Criminal Court?
Established in 2002, the ICC is the only independent court in the world to investigate the most serious crimes, including genocide, war crimes and crimes against humanity.
It is the "Court of Final Appeal" and only intervenes when the State is unwilling or unable to investigate the case on its own.
In March 2023, the International Criminal Court issued an arrest warrant for Russian President Vladimir Putin on war crimes charges of illegally deporting Ukrainian children.
Reactions from all sides
Netanyahu expressed "disgust" at the landmark application, while Israeli Foreign Minister Israel Katz criticized it as "a shame that will be forever remembered by history."
The United States has also expressed strong criticism of the Prosecutor's actions.
US President Joe Biden called the application "outrageous", and US Secretary of State Antony Blinken denounced it as "shameful".
"Whatever this prosecutor may imply, there is no equivalence between Israel and Hamas — it does not," Biden said in a statement. ”
Hamas said it "strongly condemned" the ICC prosecutor's application for arrest warrants for its leaders, but expressed support for the ICC's action against Netanyahu and Gallant.
South Africa has led the international community in defining the Israeli attack on Gaza as genocide. The country welcomed the application for an arrest warrant and said the law must "apply equally to all".