The great thing that the chief prosecutor of the International Criminal Court (ICC) Karim Khan has done by seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his Defence Minister Yoav Gallant and senior Hamas officials is that he has shown the guts to charge both Israel and Hamas with committing war crimes and crimes against humanity. The ICC accusation is a blow to both Hamas as well as Israel’s policy of wanton killings and inhuman acts. At the same time the ICC prosecutor has called a spade a spade by pronouncing that Hamas had no justification for the inhuman killing and abduction of innocent people in southern Israel when they were enjoying a musical programme.
Karim Khan said his office had applied to the world court’s pre-trial chamber for arrest warrants for the military and political leaders on both sides for crimes committed during Hamas’ 7 October attack and the war in Gaza that followed. He named Yahya Sinwar, the Hamas chief in Gaza, and Mohammed Deif, the commander of its military wing, believed to be the masterminds of the 7 October assault, and Ismail Haniyeh, the leader of the group’s political bureau, who is based in Qatar, as wanted for crimes of extermination, murder, hostage-taking, rape, sexual assault and torture.
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The ICC accused Netanyahu and Gallant of carrying out extermination, causing starvation as a method of war and denial of humanitarian relief supplies deliberately targeting civilians. The ICC prosecutor has relied on facts and his own findings during his visit to the affected zone. Interestingly, the ICC statement does not include any Israel Defence Forces (IDF) officials, such as its chief of staff, Lt Gen Herzi Halevi. Instead, it took on the political decision-making apparatus, holding it responsible for crimes against humanity.
The ICC does not have a police force of its own to execute its arrest warrants. It previously issued warrants for Russia’s Vladimir Putin, Muammar Gaddafi of Libya, the Ugandan warlord Joseph Kony and the former President of Sudan Omar al-Bashir, but none of the “guilty” was arrested. Nonetheless, it is for the first time that leaders of a “western-style” democracy have now been issued a warrant. However, there is no imminent possibility of prosecution, since Israel is not a member of the court. But, the step may have a sobering effect as ICC warrants could put Israeli officials at risk of arrest abroad. This may further deepen Israel’s growing international isolation over its conduct in the war in Gaza.
This appears to have rattled both Israeli and US leadership. While the entire political establishment of Israel, including Netanyahu’s adversaries, has closed ranks in condemning the ICC action, the US President has termed it outrageous. It is only natural that those against whom a legal order goes plead innocence and not guilty. Both Israel and Hamas have behaved in a similar manner, each claiming to be innocent and holding the other guilty.
Neutral observers’ groups have hailed the ICC action and rightly said that at last an international body has shown the courage to speak up against the warring factions and take steps to make them accountable. In fact, Khan suggested heavily in his statement that Israel’s judicial system “shields suspects”. Last year’s conviction rate for Palestinians tried in Israeli military courts was 96%, while fewer than 1% of complaints against Israeli soldiers ended in a conviction, according to the US Department of State’s annual human rights report.
The actions being taken by the ICC prosecutor and his team are, indeed, welcome on a global perspective. Not much will be achieved for sure but the message goes out loud that all human rights violations, no matter which nation commits it, shall be made visible to all on the world theatre.
