The International Commission of Jurists (ICJ) welcomes the decision of the International Criminal Court (ICC) Prosecutor to apply for arrest warrants against Israeli and Hamas leaders for alleged war crimes and crimes against humanity, including extermination, murder, hostage taking, starvation of civilians as a method of warfare, direct attacks against civilians and persecution.
“The applications are a significant step towards accountability for some of the most serious crimes under international law committed in the context of the ongoing Gaza conflict,” said Said Benarbia, ICJ MENA director. “They reflect a serious response to the scale and magnitude of the violations of international law that continue to be committed against civilians since 7 October 2023.”
The ICC Prosecutor’s Office submitted that there are reasonable grounds to believe that Benjamin Netanyahu, the Prime Minister of Israel; Yoav Gallant, the Minister of Defence of Israel; and Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, respectively the military and political leaders of Hamas, bear criminal responsibility for offences that constitute crimes under the Rome Statute of the ICC.
It will now be for the Pre-Trial Chamber of the ICC to determine whether such warrants will be issued. Under the terms of the Rome Statute, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if it is satisfied that, among other considerations, there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court and the arrest of the person appears necessary.
The ICJ notes with concern that there have been threats of retaliation against Court officials in case arrest warrants were to be issued against Israeli officials.
The ICJ calls on all UN member States to support the continuation of the ICC investigation and refrain from any acts of intimidation, harassment or sanctions that aim to silence ICC’s officials, undermine the Court’s independence and impartiality or infringe upon the integrity of its proceedings.
“The very integrity of the international legal order rests upon the equal application of international law, based on empirical evidence and without fear or favour,” added Benarbia. “Defending the ICC against ongoing attacks on the Court and its officials is critical to maintaining the legitimacy of this order.”
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, email: [email protected] or +41 79 554 02 74