War crimes prosecutor seeks arrest of Israeli and Hamas leaders

The International Criminal Court's chief prosecutor said he is seeking arrest warrants for the leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu.

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World News

May 20, 2024 - 2:11 PM

JERUSALEM (AP) — The chief prosecutor of the world’s top war crimes court said Monday he is seeking arrest warrants for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.

While Netanyahu and his defense minister, Yoav Gallant, do not face imminent arrest, the announcement by the International Criminal Court’s chief prosecutor was a symbolic blow that deepened Israel’s isolation over the war in Gaza. Israeli leaders condemned the move as disgraceful and antisemitic.

The court’s prosecutor, Karim Khan, accused Netanyahu, Gallant, and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.

A panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed. The judges typically take two months to make such decisions.

Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Israeli Foreign Minister Israel Katz said the chief prosecutor’s decision against its leaders is “a historic disgrace that will be remembered forever.” He said he would work with world leaders to ensure that any such warrants are not enforced on Israel’s leaders.

Hamas also denounced the ICC prosecutor’s request to arrest its leaders, saying it “equates the victim with the executioner.”

Netanyahu has come under heavy pressure at home to end the war sooner than later. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring home Israeli hostages in Hamas captivity, fearing that time is running out.

In recent days, the two other members of his war Cabinet, Gallant and Benny Gantz, have threatened to resign if Netanyahu does not spell out a clear postwar vision for Gaza.

But on Monday, Netanyahu received wall-to-wall support as politicians across the spectrum condemned the ICC prosecutor’s move. They included Israel’s president, Isaac Herzog, and his two main political rivals, Gantz and opposition leader Yair Lapid.

It is unclear what effect Khan’s move will have on Netanyahu’s public standing. The possibility of an arrest warrant against Netanyahu, whose popularity has dropped during the war, could give him a boost as Israelis rally behind the flag. But his opponents could also blame him for bringing a diplomatic catastrophe on the country.

Yuval Shany, an expert on international law at Hebrew University and the Israel Democracy Institute, a Jerusalem think tank, said it was far more certain that Netanyahu’s already troubled international standing could be further weakened.

“This is going to make Netanyahu an outcast, and his ability to move around the world will be seriously compromised,” said Shany. Even if the ICC does not issue the arrest warrant, other countries may now be more reluctant to provide support and assistance, he said.

Hamas is already considered an international terrorist group by the West. Both Sinwar and Deif are believed to be hiding in Gaza. But Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region. Qatar, like Israel, is not a member of the ICC.

The latest war between Israel and Hamas began on Oct. 7, when militants from Gaza crossed into Israel and killed some 1,200 people, mostly civilians, and took 250 others hostage.

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