May 20th 2024.
On Monday, the chief prosecutor of the International Criminal Court (ICC) shook the world with his announcement that he is seeking arrest warrants for leaders of Israel and Hamas. The seven-month long war between the two has caught the attention of the international community, and the prosecutor, Karim Khan, believes that both sides have committed war crimes and crimes against humanity.
Specifically, Khan is seeking warrants for Israeli Prime Minister Benjamin Netanyahu, his defence minister Yoav Gallant, and three Hamas leaders: Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh. These individuals are believed to be responsible for the devastating actions that took place in the Gaza Strip and Israel.
However, this is just the first step in the legal process. A panel of three judges will review the evidence presented by Khan and determine whether or not to issue the warrants. It is important to note that Israel is not a member of the ICC, so even if the warrants are issued, Netanyahu and Gallant will not face immediate prosecution. Yet, the announcement has already caused tension and could make it difficult for the Israeli leaders to travel abroad.
Israeli Foreign Minister Israel Katz strongly condemned Khan's decision, calling it a "historic disgrace." He vowed to form a special committee to fight back against any potential action and to work with world leaders to prevent the warrants from being enforced.
The Hamas militant group also denounced the ICC prosecutor's request, claiming that it equates the victim with the executioner. They argued that they have the right to resist Israeli occupation, including through armed resistance. They also criticized the court for only seeking warrants for two Israeli leaders and demanded that others be held accountable as well.
Two of the Hamas leaders, Sinwar and Deif, are believed to be hiding in Gaza while Haniyeh is based in Qatar and frequently travels in the region. The latest war between Israel and Hamas began in October 7 when Gaza militants crossed into Israel, killing 1,200 people, mostly civilians, and taking 250 others hostage.
Khan, who visited the region in December, spoke of the devastating effects of the war, including malnutrition, dehydration, and an increasing number of deaths among the Palestinian population. He also noted that Israel's use of starvation as a method of warfare is a clear violation of international law.
The United Nations and other aid agencies have repeatedly accused Israel of hindering aid deliveries throughout the war, but Israel denies these allegations. However, the UN has reported that aid workers have faced Israeli fire and that ongoing fighting and a security vacuum have made it difficult to deliver aid.
Israel's former military chief and member of the War Cabinet, Benny Gantz, harshly criticized Khan's announcement, stating that Israel fights with "one of the strictest" moral codes and has a robust judiciary capable of investigating itself. He also emphasized that Israel is waging a just war in response to a terrorist attack.
Other Israeli leaders, including opposition leader Yair Lapid, have also condemned the ICC prosecutor's decision. On the other hand, Hamas accuses the prosecutor of trying to "equate the victim with the executioner" and argues that they have the right to resist Israeli occupation.
The ICC was established in 2002 as the permanent court of last resort to persecute individuals responsible for the world's most heinous atrocities. However, dozens of countries, including Israel, the United States, Russia, and China, do not accept the court's jurisdiction. The ICC only becomes involved when nations are unable or unwilling to prosecute crimes on their territory, and Israel argues that it has a functioning court system.
In 2015, the ICC accepted "The State of Palestine" as a member, and in 2021, the court's chief prosecutor announced that they would be opening an investigation into possible crimes in Palestinian territory. This decision was met with criticism from Israel, who often accuses UN and international bodies of bias.
The United States, who has been a crucial supporter of Israel throughout the war, lifted sanctions on the ICC prosecutor and another senior prosecutor in 2021. However, in 2020, then-President Donald Trump had authorized economic and travel sanctions on the ICC staff, who were investigating US and allies' troops for possible war crimes in Afghanistan.
The ICC has also issued warrants for other high-profile leaders, including former Sudanese strongman Omar al-Bashir and former Libyan leader Moammar Gadhafi. However, both of these leaders were killed before they could face prosecution. The current situation between Israel and Hamas is a complex and sensitive matter, and the ICC's involvement could have significant implications for both sides.
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