International Criminal Court (ICC) prosecutor Karim Khan has filed applications for warrants of arrest before the pre-trial chamber of the ICC concerning the current situation in the State of Palestine.
Khan is seeking warrants of arrest for several individuals, including Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, for what he described as their “criminal responsibility” for war crimes committed in Gaza.
“On the basis of evidence collected and examined by my office, I have reasonable grounds to believe that Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least October 8 2023,” said Khan.
In the list of war crimes, Khan lists the following: starvation of civilians as a method of warfare as a war crime contrary to the Rome Statute; wilfully causing great suffering, or serious injury to body or health contrary, or cruel treatment as a war crime; wilful killing, or murder as a war crime.
He also singles out intentionally directing attacks against a civilian population as a war crime; extermination and/or murder including in the context of deaths caused by starvation, as a crime against humanity; persecution as a crime against humanity; and other inhumane acts as crimes against humanity.
“My office submits that the 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,” said Khan in a voluminous statement seen by IOL.
“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.”
The ICC prosecutor has also submitted applications for arrest warrants against Hamas leader Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri and Ismail Haniyeh.
“On the basis of evidence collected and examined by my office, I have reasonable grounds to believe that Yahya Sinwar, head of the Islamic Resistance Movement (Hamas) in the Gaza Strip, Mohammed Diab Ibrahim Al-Masri more commonly known as DEIF (commander-in-chief of the military wing of Hamas known as the Al-Qassam Brigades), and Ismail Haniyeh, head of Hamas political Bureau bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023.”
In the list of war crimes, Khan lists the following: extermination as a crime against humanity contrary to article 7(1)(b) of the Rome Statute; murder as a crime against humanity and as a war crime; taking hostages as a war crime; rape and other acts of sexual violence as crimes against humanity, and also as war crimes in the context of captivity; torture as a crime against humanity and also as a war crime.
He also lists other inhumane acts as crimes against humanity in the context of captivity; cruel treatment as a war crime in the context of captivity; and outrages upon personal dignity as a war crime in the context of captivity.
“My office submits that the 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 running in parallel. We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies,” said Khan.
He added that some of these crimes continue to this day.
The prosecutor submitted 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 7 October 2023 and the taking of at least 245 hostages.
“As part of our investigations, my office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz.
“The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence,” said Khan.
The ICC prosecutor believes that Sinwar, Deif and Haniyeh planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes.
“We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute,” said Khan.
On Sunday, IOL reported that as South Africa returned to the International Court of Justice to stop the Gaza war a group lawyers want the ruling African National Congress (ANC) to be investigated for allegedly receiving bribes from Iran.
At least 35 386 Palestinians have been killed and 79 366 have been wounded in Israel's military offensive on Gaza since October 7, the Gaza health ministry said.
South Africa returned to the ICJ in Geneva, Switzerland last week for the third time to ask for provisional orders against Israel.
IOL