Seven months into the conflict in Gaza, the International Criminal Court (ICC) prosecutor has sought arrest warrants for several high-profile individuals, sparking controversy and condemnation from involved parties.
ICC Prosecutor’s Actions:
- ICC prosecutor Karim A.A. Khan filed applications for arrest warrants before Pre-Trial Chamber I of the ICC, targeting Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and three Hamas leaders for alleged war crimes.
- The warrants were announced shortly after the death of Iran’s President and Foreign Minister in a helicopter crash.
Charges Against Parties:
- Hamas leaders face accusations including rape, murder, hostage-taking, and other crimes.
- Israel’s leadership is accused of starving civilians, directing attacks against civilian populations, and committing “inhumane” acts.
Assessment of Charges:
- Balakrishnan Rajagopal, UN Special Rapporteur, suggests that charges against Hamas leaders for hostage-taking and killing are likely to stand, while charges against Israeli leaders are expected to hold.
Legal Process:
- The ICC prosecutor’s request for warrants must be approved by a Pre-Trial Chamber consisting of three judges.
Reactions:
- Israel’s Ministry of Foreign Affairs denounces the prosecutor’s request as “morally twisted” and argues against equating attackers with the attacked.
- Hamas strongly condemns the action as well.
International Obligations:
- 124 ICC member countries are obligated to enforce court warrants if issued, despite Israel and the US not being ICC members.
- The ICC claims jurisdiction over Gaza, East Jerusalem, and the West Bank.
Historical Context:
- Palestinian Authority joined the ICC in 2015, enabling ICC jurisdiction over Palestinian territories.
- Netanyahu criticized the move, citing Palestinian unity with Hamas, which the US also condemned.
Named Individuals and Alleged Crimes:
- Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), and Ismail Haniyeh from Hamas face charges including murder, taking hostages, sexual violence, and torture.
- Israeli Prime Minister and Defence Minister are accused of intentional civilian starvation, directing attacks against civilians, murder, and persecution.
Specific Allegations:
- The ICC prosecutor cites intentional deprivation of essential items for human survival in Gaza by Israel, including through a total siege and border closures.
Multiple-Choice Questions (MCQs):
- Who has sought arrest warrants for war crimes in the Gaza conflict?
- A) United Nations
- B) International Criminal Court
- C) NATO
- D) European Union
Answer: B) International Criminal Court
- Which individuals are targeted by the ICC prosecutor’s arrest warrants?
- A) Three Hamas leaders and two Israeli military commanders
- B) Five Israeli politicians
- C) Iranian government officials
- D) UN peacekeeping forces
Answer: A) Three Hamas leaders and two Israeli military commanders
- How many judges typically constitute a Pre-Trial Chamber of the International Criminal Court?
- A) One
- B) Two
- C) Three
- D) Four
Answer: C) Three
- Which statement best describes Israel’s and the US’s relationship with the International Criminal Court?
- A) Both are members of the ICC.
- B) Neither are members of the ICC.
- C) Only Israel is a member of the ICC.
- D) Only the US is a member of the ICC.
Answer: B) Neither are members of the ICC.
- What did Israel’s Ministry of Foreign Affairs label the ICC prosecutor’s request?
- A) Morally justified
- B) Morally twisted
- C) Ethically sound
- D) Politically motivated
Answer: B) Morally twisted