The Prosecutor of the International Criminal Court (ICC) has arrested Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Galant and the leadership of Hamas for alleged war crimes and crimes against humanity in the Gaza conflict. Has requested to issue a warrant.

According to ICC Prosecutor Karim Khan, there are reasonable grounds to believe that Hamas leaders Yahya Sinwar, Mohammad Diab Ibrahim al-Masri (Zeef) and Ismail Haniyeh were responsible for the killings, casualties, and injuries of the October 7 attacks on Israel. I was involved in taking hostages.

According to the prosecutor, there are also reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant are responsible for committing crimes against humanity and other crimes on the territory of the Palestinian state. These include using hunger as a weapon against civilians, ordering attacks against the civilian population, and exterminating people.

In January this year, Mexico and Chile filed a request to the ICC asking the court to investigate alleged war crimes in the Gaza conflict. 

Although the ICC is not an organization of the United Nations, it has a cooperation agreement with the United Nations. When a case is not within the jurisdiction of this court, the UN Security Council has the power to decide on it by sending it to the ICC.

Unspeakable suffering:

Karim Khan from Great Britain has said in his statement that his office has also discussed with the victims of the Hamas attacks on October 7. They include the released hostages and eyewitnesses to the six significant attacks in the Israeli territory of Kafr Azza, Holit, the site of the Supernova music festival, Beeri, Ner Oz and Nihal Oz. 

According to the prosecutor, Hamas leaders planned the attacks and incited others to carry them out. These men met with the hostages after they were kidnapped and proved that they were responsible for these crimes.

Talking to the victims revealed how the mutual love of a family, the deep bond between parent and child, was used to inflict unspeakable pain with premeditated brutality and utter ruthlessness.

Interviews with the freed hostages show that they were held in inhumane conditions, with some subjected to sexual violence, including rape. 

Using hunger as a weapon:

The prosecutor says that Israeli Prime Minister Netanyahu and Defense Minister Gallant are responsible for using hunger as a weapon of war. Palestinians were systematically subjected to crimes against humanity by Israeli state policy. 

Interviews with Palestinian victims and eyewitnesses, authenticated videos, photographs, audio and satellite imagery demonstrate that Israel has deliberately and systematically deprived the civilian population throughout Gaza of what is humanly possible. Are essential for survival. 

Deliberate barriers to assistance:

According to Karim Khan, after October 8, Israel completely besieged Gaza, closing the border crossings of Rafah and Karim Shalom in the south and Erez in the north for a long time. This way, essential goods, including food and medicine, were deliberately prevented from reaching Gaza.

Due to Israel’s siege, Gaza has also lost water and electricity. People queuing for food and aid workers were attacked. As a result, many aid agencies closed or limited their operations. 

The effects of this state policy of Israel were severe, clear and visible to all. The UN Secretary-General warned two months ago that 1.1 million people in Gaza are facing catastrophic levels of hunger. This is the most significant number of people affected by famine anywhere in the world.

The most serious crimes:

According to the prosecutor, however, Israel has the right to self-defense under international law. However, the deliberate killing, starvation and mass suffering of people are in flagrant violation of the ICC’s founding charter, which was signed in Rome in 2002. Israel is not a party to the Rome Treaty, while Palestine has signed it.

Karim Khan has said he has repeatedly stressed that international law requires Israel to take immediate steps to allow humanitarian aid to flow into Gaza as needed. Using starvation as a weapon and depriving people of humanitarian assistance are crimes under the Rome Convention. 

Law equal for all:

In addition to requesting the court’s judges to issue warrants against the Hamas leadership, the Israeli prime minister and the defense minister, the prosecutor said they are also investigating further alleged crimes committed after October 7. 

These include allegations of sexual abuse during Hamas-led terrorist attacks and the massive bombing of Gaza that killed and injured thousands of civilians. 

They say that international law and the rules of armed conflict apply to everyone. No soldier, commander, or civilian leader is exempt from this. 

He also expressed concern over the increasing violence in the West Bank. He said that there could be no justification for depriving human beings, including many women and children, of their rights. Similarly, there is no justification for taking hostages and targeting civilians.

He urged all parties to the Gaza conflict to abide by the law, saying that his office would not hesitate to issue arrest warrants for others when deemed necessary.