The International Criminal Court's (ICC) prosecutor announced on Monday that he has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders over alleged war crimes. Prosecutor Karim Khan's statement comes after more than seven months of conflict in Gaza.
He believes the five men are criminally responsible for alleged war crimes and crimes against humanity.
Khan has applied for arrest warrants for Netanyahu and Gallant, who have been leading Israel's military actions in Gaza since Hamas's deadly raid on Israel on October 7. Additionally, he has sought warrants for Hamas leaders Yahya Sinwar, Mohammed Al-Masri (known as Deif), and Ismail Haniyeh.
A panel of pre-trial judges will decide if the evidence justifies the warrants.
However, the ICC lacks enforcement power, and its investigation has faced opposition from the United States and Israel. Both Israeli and Palestinian leaders have dismissed the war crimes allegations and criticized Khan's actions.
Netanyahu condemned the comparison between democratic Israel and Hamas, calling the move a "complete distortion of reality." U.S. President Joe Biden described the legal step as "outrageous," and Secretary of State Antony Blinken warned it could jeopardize hostage negotiations and ceasefire talks.
Senior Hamas official Sami Abu Zuhri argued that the prosecutor's decision unfairly equates the victim with the perpetrator and called for the warrants against Hamas leaders to be canceled.
This request marks the first time Khan has sought to intervene in the Middle Eastern conflict, although the ICC issued an arrest warrant for Russian President Vladimir Putin in March 2023 over alleged war crimes in Ukraine.
Khan emphasized that while Israel has the right to defend its population, it must still comply with international humanitarian law. He accused Israel of systematically depriving Palestinians of essential resources and committing crimes against humanity as part of a state policy. Netanyahu and Gallant are held responsible for causing great suffering and deaths as war crimes.
The Hamas leaders are accused of crimes including extermination, murder, hostage-taking, torture, and sexual violence. Israeli war cabinet minister Benny Gantz criticized the comparison of Israeli leaders with Hamas, calling it a distortion of justice and morally bankrupt.
The ICC, as the world's first permanent international war crimes court, requires its 124 member states to arrest suspects on their territory. However, both Israel and the United States are not ICC members. Historically, member states have sometimes failed to arrest suspects, such as Sudan's former President Omar Bashir. If warrants are issued against Israeli leaders, it could place member states, especially in the European Union, in a difficult diplomatic situation.
Reed Brody, a veteran war crimes prosecutor, described this as a significant moment in international justice, noting that the ICC has never indicted a Western official in its 21-year history. The conflict has resulted in at least 35,000 Palestinian deaths according to Gaza's health ministry, with aid agencies warning of severe shortages. The October 7 attack by Hamas led to over 1,200 Israeli deaths and more than 250 hostages.