20/05/2024
Summary Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for Arrest Warrants in the State of Palestine.
Accusations Against Hamas Leaders
Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), and Ismail Haniyeh:
Criminal Responsibility: The office of the prosecutor has gathered substantial evidence suggesting that Yahya Sinwar (Head of Hamas in Gaza), Mohammed Diab Ibrahim Al-Masri, also known as Deif (Commander-in-Chief of Hamas's military wing, Al-Qassam Brigades), and Ismail Haniyeh (Head of Hamas Political Bureau) are responsible for committing war crimes and crimes against humanity.
Specific Crimes Charged: Extermination and murder as crimes against humanity. Murder, taking hostages, r**e, sexual violence, torture, and other inhumane acts as war crimes.
Actions include killing hundreds of Israeli civilians and taking at least 245 hostages during attacks on 7 October 2023.
Evidence: Includes interviews with survivors and eyewitnesses, CCTV footage, authenticated media, and statements by Hamas members. The prosecutor visited attack sites and confirmed the severe impact on civilians.
Legal Basis: The individuals are charged both as direct perpetrators and as superiors under the Rome Statute articles 25 and 28, for orchestrating and acknowledging responsibility for the attacks.
Accusations Against Israeli Leaders
Benjamin Netanyahu and Yoav Gallant:
Criminal Responsibility: Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant of Israel are accused of committing war crimes and crimes against humanity in Gaza from 8 October 2023 onwards.
Specific Crimes Charged:
Starvation of civilians, wilfully causing suffering or injury, wilful killing, and directing attacks against civilians.
Use of starvation as a warfare method and other acts of violence against Gaza's civilian population.
Evidence: The prosecution presents evidence of a total siege over Gaza, cutting off essential supplies, including food, water, and electricity, resulting in malnutrition, dehydration, and death among civilians. The prosecution gathered data from eyewitnesses, medical reports, satellite imagery, and other authenticated materials.
Legal Basis: Charges are based on violations of international humanitarian law, emphasizing that the actions taken by Israeli leaders constitute crimes under the Rome Statute.
Call for Accountability
The prosecutor emphasizes the need for accountability for all perpetrators, regardless of position, under international humanitarian law. The office urges the immediate release of all hostages and compliance with humanitarian obligations. The investigation is ongoing, with a commitment to impartiality and thorough examination of all evidence.
The international community and States Parties to the Rome Statute are called upon to support the judicial process and ensure that the laws of armed conflict are upheld universally.