THE International Criminal Court (ICC) is seeking arrest warrants for a number of key Hamas and Israeli figures.
It was reported on Monday that Israeli PM Benjamin Netanyahu was among those accused of war crimes.
In March 2023, the ICC also issued an arrest warrant for Vladimir Putin following the Russian invasion of Ukraine.
Who are the ICC?
The ICC investigates and, where warranted, tries individuals charged with the “gravest crimes of concern to the international community”.
According to its website, this includes “genocide, war crimes, crimes against humanity and the crime of aggression”.
It was first established in 2002 and can prosecute crimes committed by nationals of member states or on the territory of member states by other actors.
Who has been accused?
In his report, the ICC’s chief prosecutor Karim Khan said he had “reasonable grounds” to believe that the following Hamas figures “bear criminal responsibility for war crimes and crimes against humanity committed on the territory of Israel”:
- Yahya Sinwar (Head of Hamas)
- Mohammed Diab Ibrahim al-Masri (Commander-in-chief of the military wing of Hamas)
- Ismail Haniyeh (Head of Hamas Political Bureau)
The charges against them include “extermination, murder, taking of hostages, rape and sexual assault in detention”.
Netanyahu and his defence minister Yoav Gallant have also been told they “bear criminal responsibility” for a number of war crimes and crimes against humanity.
This includes “causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies and deliberately targeting civilians in conflict”.
The full report can be read HERE.
What happens next?
A panel of ICC judges will now consider Khan’s application for the arrest warrants.
Following this, the ICC’s website explains that it “relies on countries to make arrests and transfer suspects” to the court or subjects may also appear voluntarily.
Theoretically, an arrest warrant could lead to a trial and the ICC explains the following processes would then take place.
- Pre-trial – Three judges confirm the suspect’s identity and ensure they understand the charges against them. After hearing the prosecution, the defence and the legal representative of victims, judges decide (usually within 60 days) if there is enough evidence to go to trial.
- Trial stage – After this, the prosecution must prove beyond reasonable doubt the guilt of the accused. If there is not enough evidence, then the case is closed and the accused is released.
This is then followed by an appeals stage which both the prosecutor and the defence have a right to depending on the decision.
This would be decided by the five judges of the Appeals Chamber, who are never the same judges as those who gave the original verdict.
Does the ICC have jurisdiction in Israel?
According to CNN, Israel and the United States are not members of the ICC.
However, the court does claim to have jurisdiction over Gaza, East Jerusalem and the West Bank after Palestinian leaders formally agreed to be bound by the court’s founding principles in 2015.
