By In a significant development, Karim Khan, the chief prosecutor of the International Criminal Court (ICC), announced on Monday that he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the ongoing seven-month war between Israel and Hamas.
Khan believes that Netanyahu, his defense minister Yoav Gallant, and three Hamas leaders – Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh – are responsible for war crimes and crimes against humanity committed in the Gaza Strip and Israel. To proceed with the case, the prosecutor must request the warrants from a pre-trial panel of three judges, who typically take around two months to review the evidence and determine if the proceedings can move forward.
Although Israel is not a member of the ICC, and the Israeli leaders do not face immediate risk of prosecution even if the arrest warrants are issued, Khan’s announcement further isolates Israel as it continues its military offensive. The threat of arrest could also complicate international travel for the Israeli leaders.
Sinwar and Deif are believed to be hiding in Gaza as Israel attempts to locate them, while Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region.
Benny Gantz, a former military chief and member of Israel’s War Cabinet alongside Netanyahu and Gallant, strongly criticized Khan’s announcement. He argued that Israel fights with “one of the strictest” moral codes and has a robust judiciary capable of self-investigation. Gantz stated, “The State of Israel is waging one of the just wars fought in modern history following a reprehensible massacre perpetrated by terrorist Hamas on the 7th of October. The prosecutor’s position to apply for arrest warrants is in itself a crime of historic proportion to be remembered for generations.”
The Israeli offensive was launched in response to an Oct. 7 cross-border attack by Hamas that killed approximately 1,200 people, mostly civilians, and took 250 others hostage. According to the latest estimates by Gaza health officials, the Israeli offensive has claimed the lives of over 35,000 Palestinians, at least half of them women and children. The war has also triggered a humanitarian crisis in Gaza, displacing roughly 80% of the population and leaving hundreds of thousands on the brink of starvation, as reported by U.N. officials.
Commenting on the Israeli actions, Khan stated, “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. … They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.”
The United Nations and other aid agencies have repeatedly accused Israel of obstructing aid deliveries throughout the war, a claim that Israel denies. Israel maintains that there are no restrictions on aid entering Gaza and accuses the United Nations of failing to distribute aid effectively. The U.N. counters that aid workers have repeatedly come under Israeli fire and that ongoing fighting and a security vacuum have impeded deliveries.
Regarding the Hamas actions on Oct. 7, Khan, who visited the region in December, shared his firsthand experience of the “devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today.” He recounted speaking with survivors and hearing how “the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness,” emphasizing the need for accountability.
Initially receiving international support for its war, Israel has faced increasing criticism as the conflict has prolonged and the death toll has risen. The country is also facing a South African case in the International Court of Justice, accusing Israel of genocide, which Israel denies.
Khan’s request for warrants in the Israel-Gaza conflict comes 14 months after the ICC issued an arrest warrant for Russian President Vladimir Putin for war crimes, holding him personally responsible for the abduction of children from Ukraine.
