NEW YORK: In May, the International Criminal Court sought arrest warrants for several key Palestinian and Israeli figures.
These were: Hamas leader Yehya Sinwar, the architect of the Oct. 7 attacks on Israel; Mohammed Diab Ibrahim Al-Masri, commonly known as Deif, commander-in-chief of Hamas’s military wing, the Al-Qassam Brigades; Ismail Haniyeh, the former head of the Hamas Political Bureau, assassinated by Israel in July; Israeli Prime Minister Benjamin Netanyahu; and Israeli Defense Minister Yoav Gallant.
Karim Khan, the chief ICC prosecutor, accused these leaders of bearing criminal responsibility for a range of war crimes and crimes against humanity.
Regarding the Hamas leaders, Khan said that there were reasonable grounds to believe they were criminally responsible for the deaths of hundreds of Israeli civilians during the Oct. 7 attacks and for the abduction of at least 245 hostages. “We submit that these crimes could not have been committed without their actions,” Khan said in a statement.
Khan further asserted that Netanyahu and Gallant are criminally responsible for war crimes, including the starvation of civilians as a method of warfare, wilfully causing great suffering or serious injury, intentionally directing attacks against a civilian population, extermination and/or murder, persecution and other inhumane acts.
Last week, Israel’s foreign ministry filed a petition to appeal against the warrant, stating that the ICC failed to “provide Israel with the opportunity to exercise its right to investigate the claims raised by the prosecutor before proceeding.”
Karim Khan, prosecutor of the International Criminal Court, speaks during a meeting of the UN Security Council. (Shutterstock)
When asked by NPR (National Public Radio) if he agreed with this assessment, Khan responded: “No is the short answer.” He reiterated that his office is investigating crimes alleged against Hamas and Israeli leaders, noting: “There were no applications by Israel since 2021 until today. But we’ll deal with the filings in the normal way. It would only be right to respond first to the judges.”
US President Joe Biden criticized Khan’s move as “outrageous,” asserting that the application for warrants against Israeli leaders implies an equivalence between Hamas and Israel. Some US legislators condemned the ICC, with certain Republicans threatening to impose “consequences” against the tribunal. Republican Senator Tom Cotton labeled Khan’s move as “a farce.”
Khan in response said: “As an officer of the court, the umbrella of the law should apply equally. And I have just as much compassion for Kfir Bibas, who was a 10-month-old snatched from a kibbutz that I visited and taken by Hamas, as I do for children 10 months old or younger or older that have also died in Gaza.”
When asked by Arab News if he supports arrest warrants against Sinwar and Netanyahu, UN chief Antonio Guterres was unequivocal: “I support all the decisions of the ICC.”
Pascale Baeriswyl, the Swiss UN ambassador and president of the Security Council for October, also expressed her country’s support for the ICC.
She told Arab News: “We do support the ICC. We have been strong supporters for many years,” she said, adding that they await the pre-trial chamber’s decisions before proceeding further.
Baeriswyl responded to concerns about US politicians attacking the international court, stating that Switzerland has “been one of the very active ICC member states in the past, trying to protect the court.” She emphasized that the court must be able to fulfill its mandate without intimidation and called for protection of the court’s work.
Khan had asserted: “Let us today be clear on one core issue: if we do not demonstrate our willingness to apply the law equally, if it is seen as being applied selectively, we will be creating the conditions for its collapse. In doing so, we will be loosening the remaining bonds that hold us together, the stabilizing connections between all communities and individuals, the safety net to which all victims look in times of suffering. This is the true risk we face in this moment.
“Now, more than ever, we must collectively demonstrate that international humanitarian law, the foundational baseline for human conduct during conflict, applies to all individuals and applies equally across the situations addressed by my office and the court. This is how we will prove, tangibly, that the lives of all human beings have equal value.”
