ICC issues arrest warrants for Hamas and Israeli leaders on war crimes charges

The International Criminal Court (ICC) announced filing applications of arrest warrants for Hamas and Israeli leaders amid its ongoing investigations into alleged war crimes and crimes against humanity committed by them.

Based on the evidence collected and examined by the ICC, there are “reasonable grounds” to believe that Yahya Sinwar, the Head of Hamas, Mohammed Diab Ibrahim Al-Masri, more commonly known as Deif, the Commander-in-Chief of the military wing of Hamas (the Al-Qassam Brigades), and Ismail Haniyeh, the Head of Hamas Political Bureau, bear criminal responsibility for various war crimes.

The ICC Prosecutor Karim Khan said in a statement: “My Office submits 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 7 October 2023 and the taking of at least 245 hostages.”

The charges include extermination as a crime against humanity, murder as both a crime against humanity and a war crime, taking hostages as a war crime, rape and other acts of sexual violence as crimes against humanity and war crimes, torture as both a crime against humanity and a war crime, other inhumane acts as a crime against humanity, cruel treatment as a war crime, and outrages upon personal dignity as a war crime. 

Simultaneously, the ICC has also found “reasonable grounds to believe that Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defense of Israel, bear criminal responsibility for war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza Strip) from at least 8 October 2023. “

The charges against them include starvation of civilians as a method of warfare, willfully causing great suffering or serious injury, willful killing, intentionally directing attacks against a civilian population, extermination and/or murder, persecution, and other inhumane acts.

The ICC asserted that these war crimes were committed in the context of both an international armed conflict between Israel and Palestine and a non-international armed conflict between Israel and Hamas, along with other Palestinian armed groups.