The International Criminal Court (ICC) has taken a significant step by seeking arrest warrants for both Hamas leader Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity related to the October 7 attacks on Israel and the ongoing Gaza conflict. This development marks an unprecedented move by the ICC, targeting the top leader of a close U.S. ally.
ICC Chief Prosecutor Karim Khan revealed in an exclusive interview with CNN's Christiane Amanpour that the court is also pursuing warrants for Israel's Defense Minister Yoav Gallant, as well as two other senior Hamas figures: Mohammed Diab Ibrahim al-Masri, known as Mohammed Deif, leader of the Al Qassem Brigades, and Ismail Haniyeh, Hamas' political leader.
Khan explained that the charges against the Hamas leaders include "extermination, murder, taking of hostages, rape, and sexual assault in detention." He emphasized the gravity of the crimes, stating, "The world was shocked on the 7th of October when people were ripped from their bedrooms, from their homes, from the different kibbutzim in Israel," adding that "people have suffered enormously."
In parallel, Netanyahu and Gallant face charges of "causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict." These accusations follow Israel's intensified military operations in Gaza.
Netanyahu had previously dismissed the possibility of ICC warrants as an "outrage of historic proportions," asserting that Israel possesses an independent legal system capable of investigating any alleged violations. Despite Israel and the United States not being members of the ICC, the court maintains it has jurisdiction over Gaza, East Jerusalem, and the West Bank, following Palestinian leaders' agreement to the court's founding principles in 2015.
Khan responded to Netanyahu's dismissal by reaffirming that "nobody is above the law" and suggested that Israel raise any jurisdictional challenges before the court's judges.
The ICC's pursuit of these high-profile warrants places Netanyahu alongside figures like Russian President Vladimir Putin, who also faces ICC charges related to the war in Ukraine. This marks a rare instance of the court targeting leaders from nations closely allied with major global powers.
A panel of ICC judges will now review Khan's application for the arrest warrants, a process that underscores the international legal community's efforts to address alleged war crimes and crimes against humanity amidst the protracted and bloody conflict.
The Gaza conflict has resulted in significant casualties and humanitarian crises. According to Gaza's Health Ministry, the conflict has claimed at least 35,300 Palestinian lives. The violence and destruction have displaced around 80% of Gaza's 2.3 million residents, compounding the region's humanitarian challenges.
Israel asserts that its military actions are aimed solely at Hamas and not at civilians. However, the high civilian death toll and the destruction of infrastructure have drawn widespread condemnation and calls for accountability.