ICC prosecutor seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 and Gaza
By and Madalena Araujo, CNN
May 20, 2024
The International Criminal Court is seeking arrest warrants for Hamas leader in Gaza Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity over the October 7 attacks on Israel and the subsequent war in Gaza, the court’s prosecutor Karim Khan told CNN’s Christiane Amanpour in an exclusive interview on Monday.
Khan said the ICC’s prosecution team is also seeking warrants for Israel’s Defense Minister Yoav Gallant, as well as two other top Hamas leaders — Mohammed Diab Ibrahim al-Masri, the leader of the Al Qassem Brigades who is better known as Mohammed Deif, and Ismail Haniyeh, Hamas’ political leader.
The move against the Israeli politicians mark the first time the ICC has targeted the top leader of a close ally of the United States. The decision puts Netanyahu in the company of the Russian President Vladimir Putin, for whom the ICC issued an arrest warrant over Moscow’s war on Ukraine, and the Libyan strongman Moammar Gadhafi, who was facing an arrest warrant from the ICC for alleged crimes against humanity at the time of his capture and killing in October 2011.
By applying for the arrest warrants against Israeli and Hamas leaders in the same action, Khan’s office risks attracting criticism that it places a terror organization and an elected government on an equivalent footing.
A panel of ICC judges will now consider Khan’s application for the arrest warrants.
Khan said the charges against Sinwar, Haniyeh and al-Masri include “extermination, murder, taking of hostages, rape and sexual assault in detention.”
“The world was shocked on the 7th of October when people were ripped from their bedrooms, from their homes, from the different kibbutzim in Israel,” Khan told Amanpour, adding that “people have suffered enormously.”
Hamas-led militants killed around 1,200 people across several locations in southern Israel on October 7 and took some 250 hostages into Gaza. Many of the hostages are still being held in Gaza – Khan told Amanpour this meant crimes continued to be committed against “so many innocent Israelis … that are held hostage by Hamas and families that are waiting for their return.”
Khan told Amanpour his team has a “variety of evidence” to support the application for arrest warrants against Sinwar, Haniyeh and al-Masri, including authenticated video footage and photographs from the attacks as well as evidence from eyewitnesses and survivors.
Khan said Israel had “every right and indeed an obligation to get hostages back, but you must do so by complying with the law.”
Responding to the announcement by Khan, Hamas said in a statement that it “strongly condemns the attempts of the ICC Prosecutor to equate victims with aggressors by issuing arrest warrants against a number of Palestinian resistance leaders without legal basis.”
“Hamas calls on the ICC Prosecutor to issue arrest warrants against all war criminals among the occupation leaders, officers, and soldiers who participated in crimes against the Palestinian people, and demands the cancellation of all arrest warrants issued against Palestinian resistance leaders,” the group added.
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