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WHAT IS THE ICC AND WHY IT IS CONSIDERING ARREST WARRANTS FOR ISRAELI AND HAMAS
LEADERS

The International Criminal Court could soon issue arrest warrants for leaders of
Israel and Hamas more than seven months into their war.

Slide 1 of 4
FILE - Exterior view of the International Criminal Court in The Hague,
Netherlands, Tuesday, Dec. 6, 2022. Israeli officials sound increasingly
concerned that the International Criminal Court could issue arrest warrants for
the country's leaders more than six months into the Israel-Hamas war. (AP
Photo/Peter Dejong, File)
Slide 2 of 4
FILE - Israeli Prime Minister Benjamin Netanyahu chairs a cabinet meeting at the
Kirya military base, which houses the Israeli Ministry of Defense, in Tel Aviv,
Israel, on Dec. 24, 2023. Israeli officials sound increasingly concerned that
the International Criminal Court could issue arrest warrants for the country's
leaders more than six months into the Israel-Hamas war. Netanyahu said on the
social platform X Friday, April 26, 2024, that Israel "will never accept any
attempt by the ICC to undermine its inherent right of self-defense." (AP
Photo/Ohad Zwigenberg, Pool, File)
Slide 3 of 4
FILE - Russian President Vladimir Putin attends the annual congress of the
Russian Union of Industrialists and Entrepreneurs in Moscow, Russia, Thursday,
April 25, 2024. A year ago after the International Criminal Court issued a
warrant for Putin on charges of responsibility for the abductions of children
from Ukraine. Russia responded by issuing its own arrest warrants for ICC
Prosecutor Karim Khan and ICC judges. (Alexander Kazakov, Sputnik, Kremlin Pool
Photo via AP, File)
Slide 4 of 4
FILE - Sudan's President Omar al-Bashir attends a ceremony for Turkey's
President Recep Tayyip Erdogan, at the Presidential Palace, July 9, 2018, in
Ankara, Turkey. Ousted Sudanese strongman Omar al-Bashir was charged by the
International Criminal Court on allegations including genocide in his country's
Darfur region. (AP Photo/Burhan Ozbilici, File)
MIKE CORDER
ASSOCIATED PRESS
May 20, 2024
3 minute read
Gift this article Share this article




THE HAGUE, Netherlands — The International Criminal Court could soon issue
arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister
Benjamin Netanyahu, more than seven months into the war between the two sides,
based on a request by the court’s chief prosecutor.

Karim Khan said that he believes Netanyahu, Defense Minister Yoav Gallant and
three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are
responsible for war crimes and crimes against humanity in the Gaza Strip and
Israel.

New California voter ID ban puts conservative cities at odds with state

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The ICC was established in 2002 as the permanent court of last resort to
prosecute individuals responsible for the world’s most heinous atrocities — war
crimes, crimes against humanity, genocide and the crime of aggression.

The Rome Statute creating the ICC was adopted in 1998 and took effect when it
got 60 ratifications on July 1, 2002. The U.N. General Assembly endorsed the
ICC, but the court is independent.

Without a police force, the ICC relies on member states to arrest suspects,
which has proven to be a major obstacle to prosecutions.



Netanyahu said last month that Israel “will never accept any attempt by the ICC
to undermine its inherent right of self-defense.” He said that while the ICC
won't affect Israel’s actions, it would “set a dangerous precedent.”

The ICC’s 124 member states have signed on to the Rome Statute. Dozens of
countries didn't sign and don't accept the court’s jurisdiction over war crimes,
genocide and other crimes. They include Israel, the United States, Russia and
China.

The ICC becomes involved when nations are unable or unwilling to prosecute
crimes on their territory. Israel argues that it has a functioning court system,
and disputes over a nation’s ability or willingness to prosecute have fueled
past disputes between the court and individual countries.

In 2020, then U.S. President Donald Trump authorized economic and travel
sanctions on the ICC prosecutor and another senior prosecution office staffer.
The ICC staff were looking into U.S. and allies’ troops and intelligence
officials for possible war crimes in Afghanistan.

U.S. President Joe Biden, whose administration has provided crucial military and
political support for the Gaza offensive, lifted the sanctions in 2021.

The ICC has 17 ongoing investigations, issued a total of 42 arrest warrants and
taken 21 suspects into custody. Its judges have convicted 10 suspects and
acquitted four.

In its early years, the court was criticized for focusing on crimes in Africa,
but now it has investigations in Asia, Europe, the Middle East and Latin
America.

The U.N. General Assembly raised the Palestinians’ status in 2012 from a U.N.
observer to a nonmember observer state. That opened the door for the Palestinian
territories to join international organizations, including the ICC.

The ICC accepted “The State of Palestine” as a member in 2015, a year after the
Palestinians accepted the court’s jurisdiction.

The court’s chief prosecutor at the time announced in 2021 that she was opening
an investigation into possible crimes on Palestinian territory. Israel often
levies accusations of bias at U.N. and international bodies, and Netanyahu
condemned the decision as hypocritical and antisemitic.



Khan, the current ICC prosecutor, visited Ramallah and Israel in December,
meeting Palestinian officials and families of Israelis killed or taken hostage
by Hamas militants in the Oct. 7 attack that sparked the Israel-Hamas war.

Khan called Hamas’ actions “some of the most serious international crimes that
shock the conscience of humanity, crimes which the ICC was established to
address,” and called for the immediate and unconditional release of all
hostages.

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WAR CRIMES PROSECUTOR SEEKS ARREST OF ISRAELI AND HAMAS LEADERS, INCLUDING
NETANYAHU

The chief prosecutor of the world’s top war crimes court is seeking arrest
warrants for Israeli and Hamas leaders, including Israeli Prime Minister
Benjamin Netanyahu.

Khan said “international humanitarian law must still apply” in the Israel-Hamas
war and “the Israeli military knows the law that must be applied.” After the
visit, Khan said that an ICC investigation into possible crimes by Hamas
militants and Israeli forces “is a priority for my office.”

Last year, the court issued a warrant for Russian President Vladimir Putin on
charges of responsibility for the abductions of children from Ukraine. Russia
responded by issuing its own arrest warrants for Khan and ICC judges.

Other high-profile leaders charged by the court include ousted Sudanese
strongman Omar al-Bashir on allegations including genocide in his country’s
Darfur region. Former Libyan leader Moammar Gadhafi was captured and killed by
rebels shortly after the ICC issued a warrant for his arrest on charges linked
to the brutal suppression of anti-government protests in 2011.

___

Follow AP’s coverage at https://apnews.com/hub/israel-hamas-war

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