On Monday, the prosecutor of the International Criminal Court (ICC) sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and top Hamas leaders due to their roles in last year’s deadly conflict. The office of ICC chief prosecutor Karim Khan stated that there are “reasonable grounds to believe that the named individuals committed war crimes and crimes against humanity” during the Israel-Gaza conflict, including acts of “starvation,” “wilful killing,” and “extermination and/or murder.”
In a statement, Khan alleged that Netanyahu and the three Hamas leaders he sought warrants for were criminally responsible for the deaths of hundreds of Palestinian civilians in a series of suicide bomb attacks launched by Gaza militants. He also alleged that the Palestinians suffered war crimes, including unlawful detention and rape in captivity.
The prosecutors’ request will now go to a panel of judges who will consider whether the case should proceed, as outlined in a statement by the ICC. Israel and the United States are not members of the court, but it says it has jurisdiction over Gaza and the West Bank as a result of Palestinian leaders’ 2015 decision to formally join the Rome Statute that establishes the ICC.
If the judge agrees, it would mean that, technically, any of the 124 ICC member states would be obliged to arrest Netanyahu if he travels there. It comes as pressure continues to mount from around the world for Israel to halt its military offensive and seek a lasting cease-fire and hostage-release deal with Hamas.
Legal experts say it will be difficult for the ICC to secure convictions against Netanyahu and his allies. Unlike in the past, when ICC trials have taken place in The Hague, most cases will now be heard in one of the 11 other locations where the court has jurisdiction. This includes countries like Germany and the United Kingdom, among Israel’s closest allies.
Netanyahu and Gallant could be released on bail if the arrest warrants are granted, but a trial in the ICC would make it almost impossible for both to travel abroad. The prosecutor’s announcement – following weeks of rumors it was about to take action – will deepen Israel’s isolation as it presses ahead with its war in Gaza. A senior Hamas official told Reuters the ICC’s decision was a “distortion of justice and blatant moral bankruptcy” as it equated the leaders of a democratic country that is determined to defend itself from “despicable terror” with those of a blood-thirsty terrorist organization. By Molly Quell and Mike Corder in Delft, Netherlands, and Ede, Netherlands, with contributions from Sami Abu Zuhri, Mohammad Al-Masri, and Ismail Haniyeh. This article was updated at 10:45 p.m. ET on May 20 to include a comment from a Palestinian lawyer. It was also updated at 3:30 p.m. ET on May 20 with a comment from an expert who pointed out that both Israel and the U.S. are not signatories to the ICC and, therefore, do not face immediate risk of prosecution.
