Karim Khan has asked the court to decide on issuing arrest warrants for Netanyahu and Hamas leader Sinwar
The chief prosecutor of the International Criminal Court (ICC) has urged the judges to make a swift decision on arrest warrants for the leaders of Israel and Hamas.
In May, Karim Khan submitted a request for warrants against Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant, as well as Hamas officials Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif. The prosecutors alleged their involvement in “war crimes and crimes against humanity” during the conflict in Israel and Gaza.
The court has subsequently granted permission to 18 nations, including the US, Germany, and South Africa, along with numerous organizations and individuals, to provide their views on the ICC’s jurisdiction in this matter, considering that “Palestine cannot exercise criminal jurisdiction over Israeli nationals (under) the Oslo Accords.”
In a 49-page document, Khan requested the judges to accelerate the process, emphasizing that “any unjustified delay in these proceedings detrimentally affects the rights of victims.”
“It is established law that the Court has jurisdiction in this situation,” the prosecutor stated in the legal brief, as cited by the AP. He contended that suggestions of the court’s inability to handle the case were “without merit,” and that the contrary claim “misunderstands fundamental concepts of jurisdiction under international law.”
Both Israel and Hamas dismissed the allegations of war crimes, with Netanyahu condemning the accusation as a “disgrace.” Hamas denounced Khan’s request for an arrest warrant, asserting that it equates “the victim with the executioner.”
Israel is not a member of the ICC, meaning that Netanyahu and Gallant will not face immediate prosecution, although an active arrest warrant could significantly restrict their international travel.
Haniyeh was assassinated last month in Tehran, and Sinwar was selected to succeed him. Israel claimed that Deif had been killed in an airstrike in the southern part of the Gaza Strip in July. However, Hamas maintains that Deif is still alive.
Over 40,000 Palestinians have perished in Gaza since the war between Israel and Hamas erupted in October. The conflict began with a surprise attack by Hamas on Israel, resulting in the deaths of approximately 1,200 people. The militant group also seized over 200 hostages, some of whom have subsequently been released through prisoner swaps or rescued by the Israeli army.
In December, South Africa filed a genocide case against Israel in the International Court of Justice, an international body distinct from the ICC. Israel has rejected these allegations while accusing Hamas of using civilians in Gaza as human shields.