Against the backdrop of the situation in the Gaza Strip, Karim Khan, prosecutor of the International Criminal Court (ICC), has requested several arrest warrants. In the case of the leader of the Hamas organization, Yahya Sinwar, his deputy, Mohammed Deif, and the head of Hamas abroad, Ismail Haniyeh, maintains that there are “founded suspicions” that they have committed alleged crimes against humanity and war crimes, especially related to the October 7 terrorist attack against Israel. Kahn mentions, for example, the crimes of extermination, premeditated murder, and hostage-taking.
In the Hamas terrorist attack, nearly 1,200 people were killed in Israeli territory near the border, and more than 250 hostages were taken to the Gaza Strip. That unleashed an Israeli counteroffensive, in which more than 35,000 people have died so far, according to Hamas-controlled health authorities. Israel justifies its military attacks by referring to its right to self-defense.
Request for arrest warrants against Netanyahu and Gallant
At the same time, Khan sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his Defense Minister Yoav Gallant. Alleged war crimes and alleged crimes against humanity are also attributed to them. Mention is made, for example, of the use of hunger as a weapon of war or the premeditated attack on the civilian population.
Khan indicated that the Prosecutor’s Office has collected evidence indicating that “Israel has premeditatedly and systematically deprived the civilian population, in all parts of the Gaza Strip, of elements essential for human survival.”
Both sides have criticized the ICC prosecutor’s decision. Netanyahu spoke of a “moral scandal of historic dimensions,” and vehemently rejected the “comparison” between Israel’s democratically elected leadership and Hamas.
Germany, upset by the “equalization”
European Union countries, which, unlike Israel, are all part of the ICC, reacted diversely to the announcement. Germany stressed that it respects the independence of the ICC, but criticized the simultaneous request for arrest warrants against Hamas leaders and Israeli rulers. She indicated that, with this, an “impression of equality that does not correspond” is produced.
A spokesperson for German Foreign Ministry noted that the ICC must evaluate very different facts. Germany also recalled Israel’s right to self-defense, respecting international humanitarian law.
Austrian Chancellor Karl Nehammer indicated on X (former Twitter) that “it is not understandable” that Hamas and the democratically elected representatives of Israel are mentioned in the same line. The Czech Prime Minister also described this behavior as “terrible and completely unacceptable.”
US criticizes Khan
There was also clear criticism of Khan’s decision in Washington. The AFP news agency said the US president had appeared “outraged”. In a speech to Congress, Secretary of State Antony Blinken called the decision “deeply wrong.” He added that he may hinder ongoing efforts to achieve a ceasefire in the Gaza Strip. A Blinken spokesperson noted that this encourages Hamas, which is the main obstacle to an agreement.
During the Donald Trump administration, the United States imposed sanctions against former ICC prosecutor Fatou Bensouda due to his investigations in Afghanistan. These were lifted in 2021.
Support from France and Belgium
But not all States join such criticism. France expressed its support in any situation for the ICC and its independence, as well as its “fight against impunity.” Paris stressed that, for several months, it has been fighting for respect for international humanitarian law in the Gaza Strip. The Belgian Foreign Ministry spoke in X of “an important step in the investigations” and assured its support for the ICC.
Human Rights defenders applaud step against impunity
Human rights organizations applauded Khan’s decision to request the arrest warrants. “Victims of serious attacks in Israel and Palestine have faced a wall of impunity for decades,” said Balkees Jarah, deputy director of International Justice at Human Rights Watch.
In his opinion, the step taken by the ICC prosecutor opens the door for those responsible for the atrocities of recent months to be held accountable in a fair process.
Also Christian Mihr, deputy secretary general of Amnesty International Germany, sees an “opportunity to break the decades-old vicious cycle of impunity in Israel.” and the occupied Palestinian territories. In his opinion, the step taken by the prosecutor sends an “important message.”
Mihr urged all States to recognize the legitimacy of the ICC. And he also explicitly addressed the German Government, asking it to refrain from attempts to intimidate or pressure the Court.
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