20-May-2024 Aljazeera
International Criminal Court chief prosecutor says he is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and three Hamas leaders.
Meanwhile, hunger has gripped the enclave, with the UN humanitarian chief on Sunday warning of “apocalyptic” consequences of aid shortages as key Rafah and Karem Abu Salem (Kerem Shalom) crossings remain “effectively blocked”.
At least 35,562 people have been killed and 79,652 wounded in Israeli attacks on Gaza since October 7. The death toll in Israel from Hamas’s attack is 1,139, with dozens still held captive.
More from Hamas on ICC arrest warrants
The group has also called on the ICC prosecutor to issue arrest warrants “for all the Israeli officials who gave orders and the soldiers who carried out crimes, in accordance with the Rome Statute”.
“The prosecutor is acting in violation of all norms that allow for people under occupation, including Palestinians, to resist their occupier,” Hamas’s statement said.
US lawmakers issue threats against ICC
Anthony D’Esposito, a Republican congressman from New York, says the ICC is “playing with fire, putting any international legitimacy at risk”.
“There will be serious consequences if they proceed,” he said.
Senator Lindsey Graham of South Carolina, also a Republican, called the move an “outrageous decision” that is “a slap in the face to the independent judiciary in Israel, which is renowned for their independence”.
Graham said he will work with Republicans and Democrats in both chambers of Congress to “levy damning sanctions against the ICC”.
A Republican congressman from Florida, Brian Mast, said in a post on X: “America doesn’t recognise the International Criminal Court, but the court sure as hell will recognize what happens when you target our allies.”
UK calls ICC arrest warrant request ‘unhelpful’
A spokesperson for UK Prime Minister Rishi Sunak has denounced requests from the ICC prosecutor for arrest warrants for Netanyahu, Gallant and three Hamas leaders.
“This action is not helpful in relation to reaching a pause in the fighting, getting hostages out or getting humanitarian aid in,” the spokesperson said.
HRW calls members to protect ICC’s independence amid expected pressure
Balkees Jarrah, associate international justice director at Human Rights Watch (HRW), says Khan’s decision to seek arrest warrants “reaffirms the crucial role” of the ICC.
“Victims of serious abuses in Israel and Palestine have faced a wall of impunity for decades.
This principled first step by the prosecutor opens the door to those responsible for the atrocities committed in recent months to answer for their actions at a fair trial,” Jarrah said in a statement.
“ICC member countries should stand ready to resolutely protect the ICC’s independence as hostile pressure is likely to increase while the ICC judges consider Khan’s request.”
ICC vs ICJ cases
As we’ve been reporting, the ICC’s chief prosecutor earlier today said he is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and three Hamas leaders.
Unlike the International Court of Justice (ICJ), the ICC is not part of the United Nations system. The court, which is also based in The Hague, has jurisdiction over individuals, prosecuting them for serious crimes in accordance with the Rome Statute While the ICJ is a civil tribunal, the ICC is a criminal tribunal.
Like Russia and the United States, Israel is not a member of the ICC. However, the ICC has jurisdiction over Gaza, occupied East Jerusalem and the West Bank after Palestinian leaders formally agreed to be bound by the court’s founding principles in 2015.
The ICC announcement on Monday is separate from the case that is currently being heard by the the ICJ over an accusation from South Africa that Israel was in breach of its obligations under the Genocide Convention in its war on Gaza.
The ICJ held its first hearing on the case in January and then proceeded to order a number of provisional measures that Israel has, so far, largely ignored.
In May, the ICJ heard arguments for a request by South Africa once again seeking additional emergency measures over Israel’s offensive on Rafah, a city in southern Gaza where more than one million displaced Palestinians sought shelter from Israel’s war.
Both Israel and South Africa are signatories to the United Nations Genocide Convention, which gives the ICJ – the highest UN legal body – jurisdiction to rule on disputes over the treaty.
All states that signed the convention are obliged to not commit genocide and also to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”
UN special rapporteur welcomes ICC prosecutor’s arrest warrant requests
The UN special rapporteur on the right to housing has welcomed Khan’s arrest warrant requests.
“On the request by the ICC Prosecutor for warrants: against Hamas, the charges of hostage taking and killing likely to stand but not others,” Balakrishnan Rajagopal posted on X.
“Against Israeli leaders, all charges likely to stick. And missing charges include attacks against various civilian objects including homes!”