The International Criminal Court (ICC) has applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar as well as other key members on both sides for charges of war crimes and crimes against humanity over the attacks on October 7 and the months after.
The Court Chief Prosecutor Karim Khan told CNN that the ICC is also trying to obtain warrants for Israel’s Defense Minister Yoav Gallant, in addition to Hamas’ other main leaders, Mohammed Deif and Ismail Haniyeh.
The application for the warrants against the Israeli politicians is an important turning point, which marks the first time the ICC has targeted a close ally of the U.S. The situation in the Israeli context is also unique as this is the first time a democratic government has faced charges from the ICC.
Before moving forward, a panel of judges has to review Khan’s request for arrest warrants, the court has 18 judges one from each member country. Within the court’s jurisdiction, there are four categories including genocide, war crimes, crimes against humanity, and crimes of aggression.
Khan detailed to CNN: “The charges against Sinwar, Haniyeh, and al-Masri include extermination, murder, taking of hostages, rape, and sexual assault in detention.”
On the Israeli side, the same source explained that charges include: “Causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict.”
The evidence against all parties is largely what has been reported among the public. In the exclusive CNN interview, the ICC cited comments made by Yoav Gallant on October 9: “We are imposing a complete siege. There will be no electricity, no water, no food, no fuel, […] We are fighting human animals and we will act accordingly.”
In addition, Khan is accusing Israel of preventing aid from entering people in Palestine, causing deaths by starvation.
Regarding Hamas, the prosecutor has visited the sites in Israel where Hamas attacked, and spoken with the hostages’ families. Khan has also stated that reviewing the evidence on both sides has given them sufficient grounds to apply for the warrants.
Al Jazeera heard from Human Rights Lawyer Geoffrey Nice, who expressed support for the warrant request. “Until now, politics has been suspected of holding back the application of the law and in a way that’s been very unsatisfactory – now the law is saying it’s going to play its part, so that’s a good thing,” he said.