ICC Prosecutor Urges Swift Ruling on Warrants for Israeli, Hamas Leaders

The International Criminal Court's chief prosecutor argued in a Friday filing that pretrial judges have the jurisdiction to rule on the arrest warrants he is seeking for Israeli and Hamas leaders and must "urgently render its decisions."

The October 7 attack and Israel's retaliation in the Gaza Strip led the ICC's Karim Khan to apply for warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant as well as three Hamas leaders—Mohammed Diab Ibrahim al-Masri (also known Deif), Ismail Haniyeh, and Yahya Sinwar—in May. Since then, Israel has assassinated Haniyeh and also claimed to have killed Deif, which Hamas denies.

The Associated Press reported that Khan's new brief "came in response to legal arguments filed by dozens of countries, academics, victims' groups, and rights groups either rejecting or supporting the court's power to issue arrest warrants in its investigation into the war in Gaza and the October 7 attacks by Hamas in Israel."

The prosecutor wrote that "Israel has occupied Palestine since 1967," and the International Court of Justice (ICJ) ruled last month that "Israel's continued presence in the occupied Palestinian territory (OPT)," which includes Gaza, "is unlawful."

"It is settled law that the court has jurisdiction in this situation," the prosecutor asserted, citing a February 2021 decision. "Any unjustified delay in these proceedings detrimentally affects the rights of victims."

"The situation in the OPT, including Gaza, is catastrophic, owing in large part to the ongoing criminality described in the applications," he added. "The issuance of the requested arrest warrants could avert further harm to the victims who remain in Gaza and to those who were forced to leave but continue to suffer physical and mental harm."

The Hamas-led October attack on Israel killed over 1,100 people and militants took over 240 others hostage, more than 100 of whom remain in Gaza. Since then, the Israel Defense Forces has slaughtered at least 40,265 Palestinians and injured another 93,144, according to local officials, while leveling civilian infrastructure across the coastal enclave.

The AP noted that "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."

U.S. political leaders including President Joe Biden have faced criticism for not only giving Israel billions of dollars in weapons to wage war but also condemning the ICC prosecutor's pursuit of arrest warrants for Netanyahu and Gallant.

In addition to the potential ICC warrants, Israel faces an ongoing South Africa-led genocide case at the ICJ.