Photo credit: ICC

International Criminal Court Prosecutor Karim A.A. Khan KC announced the filing of applications for arrest warrants before Pre-Trial Chamber I of the ICC in the Situation in the State of Palestine. This significant legal move targets key figures from both Hamas and the Israeli government, accusing them of severe war crimes and crimes against humanity.

The individuals named from Hamas are Yahya Sinwar (Head of Hamas in the Gaza Strip), Mohammed Deif (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail Haniyeh (Head of Hamas Political Bureau).

Based on extensive evidence, including victim testimonies, CCTV footage, and expert analysis, the ICC charges these leaders with crimes such as extermination, murder, taking hostages, rape, torture, and other inhumane acts. These alleged crimes occurred from October 7, 2023, involving attacks on Israeli civilians and taking hostages during an international armed conflict between Israel and Palestine, and a parallel non-international armed conflict between Israel and Hamas.

Khan stated that these Hamas leaders are believed to be criminally responsible for orchestrating and acknowledging their involvement in the attacks, which resulted in the deaths of hundreds of Israeli civilians and the abduction of at least 245 hostages. The investigation highlighted the harrowing experiences of survivors and former hostages, further supported by authenticated multimedia evidence and confessions from Hamas members.

Simultaneously, the ICC Prosecutor also filed arrest warrants against Israeli officials, specifically Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. These warrants accuse them of war crimes and crimes against humanity, including starvation of civilians, willful killing, and attacks against a civilian population in Gaza. The charges stem from actions taken since October 8, 2023, which allegedly involved imposing a total siege on Gaza, severely restricting essential supplies, and targeting civilian infrastructure.

Khan emphasized that the actions of the Israeli government have led to severe humanitarian crises in Gaza, including widespread starvation, malnutrition, and deaths among the civilian population. The ICC investigation relied on satellite imagery, eyewitness reports, and statements from humanitarian agencies to substantiate these claims.

In his statement, Khan reiterated the ICC's commitment to impartial justice, highlighting that international humanitarian law applies equally to all parties involved. He stressed the need for accountability and urged for the immediate release of all hostages and the unhindered delivery of humanitarian aid to Gaza.

The ICC's applications for arrest warrants underscore a significant step in holding individuals accountable for serious international crimes, reflecting the Court's mandate to ensure justice and uphold international law. The Pre-Trial Chamber I will now assess the evidence to decide on the issuance of the arrest warrants.