ICC prosecutor Karim Khan said in a statement issued after over seven months of fighting in Gaza that he had “reasonable grounds” to believe that the five men “bear criminal responsibility” for alleged war crimes and crimes against humanity.
He said he had applied for an arrest warrant for Israeli Defence Minister Yoav Gallant as well as for Netanyahu. They have overseen Israel’s relentless offensive against Hamas in Gaza that has killed over 35,000 Palestinians, including women and children, since the October 7 raid on Israel.
Aid agencies have warned of widespread hunger and dire shortages of fuel and medical supplies in Gaza.
Some 1,200 people were killed and more than 250 were taken hostage in Hamas’ attack on October 7, according to Israeli tallies.
Karim has also applied for arrest warrants for Hamas chief Yahya Sinwar; Mohammed Al-Masri, the commander-in-chief of the military wing of Hamas who is widely known as Deif; and Ismail Haniyeh, head of Hamas’ Political Bureau.
A panel of pre-trial judges will determine whether the evidence supports the issuing of arrest warrants, but the court has no means to enforce such warrants and its investigation into the Gaza conflict has been opposed by the United States and Israel.
Israel and Palestinian leaders have dismissed allegations of committing war crimes, with representatives from both sides criticising Khan’s decision.
“Israel, like all states, has a right to take action to defend its population,” Khan said. “That right, however, does not absolve Israel or any state of its obligation to comply with international humanitarian law.”
He said crimes against humanity allegedly carried out by Israel were part of “a widespread and systematic attack against the Palestinian civilian population, pursuant to state policy.”
“These crimes, in our assessment, continue to this day,” he said.
Evidence the prosecutor’s office collected showed Israel had systematically deprived civilians of “objects indispensable to human survival”, including restricting food, water, medicine and energy, he said.
Netanyahu and Gallant bore responsibility, he said, for Israel wilfully causing great suffering and for killing as a war crime.
The Hamas leaders face allegations of bearing responsibility for crimes allegedly committed by Hamas, including extermination and murder, the taking of hostages, torture, rape and other acts of sexual violence.
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