Hague Court Prosecutor Seeks Arrest Warrants for Israeli and Hamas Leaders

Prosecutor Karim Khan stated that Netanyahu and Gallant are responsible for war crimes and crimes against humanity committed in the Gaza Strip, at least since October 8, 2023.

“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. Some of these crimes, in our assessment, continue to this day,” said the prosecutor.

He also noted that starvation and other acts of violence were used as a means to eliminate Hamas, return kidnapped hostages, and collectively punish the civilian population of Gaza.

“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, and have been confirmed by multiple witnesses interviewed by my Office, including local and international medical doctors. They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.

Israel, like all States, has a right to take action to defend its population. That right, however, does not absolve Israel or any State of its obligation to comply with international humanitarian law. Notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal,” said the prosecutor.

Karim Khan stated that the investigation has reason to believe that three Hamas leaders are criminally responsible for war crimes and crimes against humanity committed in Israel and the Gaza Strip since October 7, 2023. Allegations against Hamas leaders include extermination, murder, hostage-taking, sexual assault, torture, and ill-treatment of prisoners. The prosecutor also asserted that all three Hamas leaders are responsible for the killing of hundreds of Israeli citizens as a result of attacks carried out by the group's terrorists on October 7.

“there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October,” noted the prosecutor.

Judges must consider the prosecutor's request and assess whether there is enough evidence to make a decision on arrest.

It should be noted that Israel does not recognize the jurisdiction of the Hague Court, while Palestine signed the Rome Statute of the International Criminal Court in 2015. If the prosecutor's request is supported by the judges, the signatory countries of the statute will be obliged to arrest the accused if they enter their territory. The United States, Russia, and China are not among the 124 signatories of the Rome Statute.

The President of the United States of America, Joe Biden, called the request for arrest warrants for Israeli leaders outrageous. “And let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.  We will always stand with Israel against threats to its security,” Biden said.

On October 7, 2023, Hamas terrorists attacked Israel, killing 1,200 people and taking about 250 hostages. After the attack, the Israel Defense Forces (IDF) began fighting in the Gaza Strip. At the end of February, the Palestinian Ministry of Health announced that more than 30,000 people had died in Gaza since October 7, with the majority being women and children.