The prosecutor in the International Criminal Court (ICC), Karim A.A. Khan, said on Monday said he was filling applications seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas' Chief Yahya Sinwar for their "criminal responsibility" in the war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least October 7, 2023.
The prosecutor said they would apply for the arrest warrants of Israeli Defence Minister Yoav Gallant, Al-Qassam Brigades chief Mohammed Diab Ibrahim Al-Masri, and Hamas Political Bureau chief Ismail Haniyeh for their roles in these crimes as well.
In a statement issued on Monday, Khan said that "war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel."
"We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population," the prosecutor said, adding that Hamas targeted Israel while Israel targeted Palestinians in pursuit of organizational and state policies, respectively.
"My Office submits that there are reasonable grounds to believe that Sinwar, Deif, and Haniyeh are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on October 7, 2023, and the taking of at least 245 hostages," the statement read, as it went on to allege that Hamas attacked six major locations (from where they have gathered eyewitness statements, CCTV footage, authenticated audio, and pictorial material) including Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz.
"My office also submits that there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My office also continues to investigate reports of sexual violence committed on October 7."
With regards to Netanyahu and Gallant, the prosecutor said the crimes they committed against humanity were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to Israeli state policy.
"My office submits that the evidence we have collected, including interviews with survivors and eyewitnesses, authenticated video, photo, and audio material, satellite imagery, and statements from the alleged perpetrator group, shows that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival."
The prosecutor submitted that these acts were committed as part of a common plan to use starvation as a method of war and other acts of violence against the Gazan civilian population as a means to eliminate Hamas, secure the return of the hostages that Hamas has abducted, and collectively punish the civilian population of Gaza, whom they perceived as a threat to Israel.
"Israel, like all states, has a right to take action to defend its population. That right, however, does not absolve Israel or any other state of its obligation to comply with international humanitarian law. Notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza—namely, intentionally causing death, starvation, great suffering, and serious injury to the body or health of the civilian population—are criminal."
The prosecutor also responded to the threats issued to the ICC by some US lawmakers against issuing arrest warrants for Netanyahu.
"I insist that all attempts to impede, intimidate, or improperly influence the officials of this Court must cease immediately. My office will not hesitate to act pursuant to Article 70 of the Rome Statute if such conduct continues," he said, threatening to pursue legal action against all entities and individuals threatening the court.
"My office will not hesitate to submit further applications for warrants of arrest if and when we consider that the threshold of a realistic prospect of conviction has been met."