War crimes prosecutor seeks arrest of Israeli and Hamas leaders, including Netanyahu
UNB
Publish: 21 May 2024, 06:37 PM
JERUSALEM,
May 21 (AP/UNB) - The chief prosecutor of the world's top war crimes court
sought arrest warrants Monday for leaders of Israel and Hamas, including
Israeli Prime Minister Benjamin Netanyahu, over actions taken during their
seven-month war.
While Netanyahu and his
defense minister, Yoav Gallant, do not face imminent arrest, the announcement
by the International Criminal Court's chief prosecutor was a symbolic blow that
deepened Israel's isolation over the war in Gaza.
The court's prosecutor,
Karim Khan, accused Netanyahu, Gallant, and three Hamas leaders - Yehya Sinwar,
Mohammed Deif and Ismail Haniyeh - of war crimes and crimes against humanity in
the Gaza Strip and Israel.
Netanyahu and other
Israeli leaders condemned the move as disgraceful and antisemitic. U.S.
President Joe Biden also lambasted the prosecutor and supported Israel's right
to defend itself against Hamas.
A panel of three judges
will decide whether to issue the arrest warrants and allow a case to proceed.
The judges typically take two months to make such decisions.
Israel is not a member
of the court, so even if the arrest warrants are issued, Netanyahu and Gallant
do not face any immediate risk of prosecution. But the threat of arrest could
make it difficult for the Israeli leaders to travel abroad.
Netanyahu called the
prosecutor's accusations against him a "disgrace," and an attack on
the Israeli military and all of Israel. He vowed to press ahead with Israel's
war against Hamas.
Biden said the effort to
arrest Netanyahu and Gallant over the war in Gaza was "outrageous,"
adding "whatever this prosecutor might imply, there is no equivalence -
none - between Israel and Hamas."
Hamas also denounced the
ICC prosecutor's actions, saying the request to arrest its leaders
"equates the victim with the executioner."
Netanyahu has come under
heavy pressure at home to end the war. Thousands of Israelis have joined weekly
demonstrations calling on the government to reach a deal to bring home Israeli
hostages in Hamas captivity, fearing that time is running out.
In recent days, the two
other members of his war Cabinet, Gallant and Benny Gantz, have threatened to
resign if Netanyahu does not spell out a clear postwar vision for Gaza.
But on Monday, Netanyahu
received wall-to-wall support as politicians across the spectrum condemned the
ICC prosecutor's move. They included Israel's president, Isaac Herzog, and his
two main political rivals, Gantz and opposition leader Yair Lapid.
It is unclear what
effect Khan's move will have on Netanyahu's public standing. The possibility of
an arrest warrant against Netanyahu could give him a boost as Israelis rally
behind the flag. But his opponents could also blame him for bringing a
diplomatic catastrophe on the country.
Yuval Shany, an expert
on international law at Hebrew University and the Israel Democracy Institute, a
Jerusalem think tank, said it was far more certain that Netanyahu's already
troubled international standing could be further weakened.
"This is going to
make Netanyahu an outcast, and his ability to move around the world will be
seriously compromised," said Shany. Even if the ICC does not issue the
arrest warrant, other countries may now be more reluctant to provide support
and assistance, he said.
Hamas is already
considered an international terrorist group by the West. Both Sinwar and Deif
are believed to be hiding in Gaza. But Haniyeh, the supreme leader of the
Islamic militant group, is based in Qatar and frequently travels across the
region. Qatar, like Israel, is not a member of the ICC.
The latest war between
Israel and Hamas began on Oct. 7, when militants from Gaza crossed into Israel
and killed some 1,200 people, mostly civilians, and took 250 others hostage.
Since then, Israel has
waged a brutal campaign to dismantle Hamas in Gaza. More than 35,000
Palestinians have been killed in the fighting, at least half of them women and
children, according to the latest estimates by Gaza health officials.
The war has triggered a
humanitarian crisis in Gaza, displacing roughly 80% of the population and
leaving hundreds of thousands of people on the brink of starvation, according
to U.N. officials.
Speaking of the Israeli
actions, Khan said "the effects of the use of starvation as a method of
warfare, together with other attacks and collective punishment against the
civilian population of Gaza are acute, visible and widely known."
The United Nations and
other aid agencies have repeatedly accused Israel of hindering aid deliveries
throughout the war. Israel denies this, saying there are no restrictions on aid
entering Gaza and accusing the U.N. of failing to distribute aid.
Of the Hamas actions on
Oct. 7, Khan, who visited the region in December, said that he saw for himself
"the devastating scenes of these attacks and the profound impact of the
unconscionable crimes."
In their rampage, Hamas
militants gunned down scores of revelers at a dance party and killed entire
families as they huddled in their homes. "These acts demand
accountability," Khan said.
International human
rights lawyer Amal Clooney served on a five-member expert panel that advised
Khan. She said the panel had agreed unanimously that there are "reasonable
grounds" to believe that both the Hamas and Israeli leaders had committed
war crimes, according to a statement.
South Africa, which has
been leading a genocide case against Israel at the U.N. world court, welcomed
Khan's announcement seeking the arrest of Israeli and Hamas leaders. "The
law must be applied equally to all in order to uphold the international rule of
law," the office of President Cyril Ramaphosa said.
The ICC was established
in 2002 as the permanent court of last resort to prosecute individuals
responsible for the world's most heinous atrocities - war crimes, crimes
against humanity, genocide and the crime of aggression.
The U.N. General
Assembly endorsed the ICC, but the court is independent.
Dozens of countries
don't accept the court's jurisdiction over war crimes, genocide and other
crimes. They include Israel, the United States, Russia and China.
The ICC accepted
"The State of Palestine" as a member in 2015, a year after the
Palestinians accepted the court's jurisdiction.
In 2020, then U.S.
President Donald Trump authorized economic and travel sanctions on the ICC
prosecutor and another senior prosecutor. The ICC staff were looking into U.S.
and allies' troops for possible war crimes in Afghanistan. Biden lifted the
sanctions in 2021.
Last year, the court
issued a warrant for Russian President Vladimir Putin on charges of
responsibility for the abductions of children from Ukraine. Russia responded by
issuing its own arrest warrants for Khan and ICC judges.
END/UNB/AP/PR
