In the most sensitive case in the history of the International Criminal Court (ICC), on Monday, May 20, prosecutor Karim Khan sought arrest warrants for the leaders of Hamas and Israel for crimes against humanity committed during the attack of October 7, 2023, and the war in Gaza that followed. Israeli Prime Minister Benjamin Netanyahu and Yahya Sinwar, the leader of the Islamist movement in Gaza, face the same charge. This equivalence, posed by two requests announced at the same time, has appalled Israel. Among the Palestinians, however, it raised hopes that increased international pressure will put an end to the war and a sense of recognition.
Prosecutor Khan has asked the ICC judges to approve two warrants against Netanyahu and Israeli Defense Minister Yoav Gallant for crimes against humanity for extermination, murder, persecution and other inhumane acts, as well as war crimes for murder, causing bodily and mental harm, cruel treatment, intentional attacks against civilians and willfully starving a population.
In his other application, the prosecutor is seeking warrants against Hamas's leader in Gaza, Sinwar; the movement's military chief, Mohammed Deif; and the head of its political branch, Ismail Haniyeh, for crimes against humanity and war crimes, for extermination, murder, hostage-taking, torture, cruel treatment, outrages upon personal dignity and rape and sexual violence against persons in captivity.
Khan referred in particular to statements by victims who survived the October 7 attacks, in which almost 1,200 Israelis were killed. He also referred to statements from former hostages and direct witnesses to the incidents. "I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my office," the prosecutor said in his statement.
The judges who have yet to accept this request could give their verdict within two to three weeks, according to the court. They will have to analyze the evidence submitted by the prosecutor: photos, authenticated videos, satellite images, testimonies, expert reports, speeches, etc. Already threatened with sanctions by members of the US Congress, Khan has once again vowed that he will not hesitate to launch proceedings for obstruction of justice if pressure is brought to bear on the Court.
In Israel, Netanyahu denounced "a moral outrage of historic proportions" committed by this senior official, heir, like the ICC, to the Nuremberg Tribunal. This was the first international court to judge the perpetrators of mass crimes after the Second World War: Nazi leaders were prosecuted for crimes against humanity and crimes against peace. The prime minister deplored the fact that he was making his decision at a time when "the fires of anti-Semitism" are spreading throughout the world, and promised his fellow citizens that he would continue "our war against Hamas until this war is won."
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