ICC prosecutor seeks arrest warrants for Israel’s Netanyahu and Hamas leaders

JERUSALEM — The chief prosecutor at the world’s top criminal court Monday announced that he was seeking arrest warrants for the leaders of both Israel and Hamas on charges of crimes against humanity, a strong rebuke that equated Prime Minister Benjamin Netanyahu of Israel with his Hamas counterpart, Yehia Sinwar, and compounded the growing international alarm at Israel’s conduct in the Gaza Strip.

In a statement, Karim Khan, the chief prosecutor, said that after investigating Hamas’ Oct. 7 attack on Israel and Israel’s counterattack on Gaza he had decided to apply for arrest warrants for Sinwar, Hamas’ leader within Gaza; Mohammed Deif, Hamas’ military leader; and Ismail Haniyeh, the movement’s Qatar-based political leader. Khan also said he was requesting warrants for Netanyahu and for Israeli Defense Minister Yoav Gallant.

While Khan’s request must still be approved by judges from the court, the announcement forms one of the harshest rebukes of Israel’s strategy in its seven-month campaign against Hamas that has killed tens of thousands of civilians in Gaza.

It also heightens scrutiny of Hamas’ actions at the start of the war in October, when Hamas fighters led a raid that killed more than 1,000 people and abducted hundreds more.

“Today we once again underline that international law and the laws of armed conflict apply to all,” Khan said in his statement. “No foot soldier, no commander, no civilian leader — no one — can act with impunity.”

For now, the announcement is largely symbolic. Israel is not a member of the court and does not recognize its jurisdiction in Israel or Gaza, meaning that Israeli leaders would face no risk of arrest at home.

Judges can also take months to uphold requests for arrest warrants. But if they do issue warrants, those named could be arrested if they travel to one of the court’s 124 member nations, which include most European countries but not the United States.

Khan’s decision to simultaneously pursue Israeli and Palestinian leaders was criticized by Israeli government ministers and Hamas alike. Both sides questioned why their allies had been targeted instead of their enemies alone.

President Joe Biden condemned the move, saying in a statement that, “Whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”

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