Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine

On 20 May 2024, International Criminal Court (ICC) Prosecutor Karim A.A. Khan KC filed applications for warrants of arrest before Pre-Trial Chamber I in the Situation in the State of Palestine.

Three applications for arrest warrants were filed for Yahya Sinwar, Head of Hamas in Gaza, Mohammed Diab Ibrahim Al-Masri, Commander-in-Chief of Hamas military wing (Al-Qassam Brigades), and Ismail Haniyeh, Head of Hamas political bureau on the basis of evidence that they bear criminal responsibility for the following war crimes and crimes against humanity committed on Israel and in Gaza from at least 7 October 2023:

• Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
• Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
• Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
• Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
• Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
• Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
• Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
• Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

Two applications for arrest warrants were also filed for Benjamin Netanyahu, the Prime Minister of Israel, and Yaov Gallanr, the Minister of Defence of Israel, on the basis of evidence that they bear criminal responsibility for the following war crimes and crimes against humanity committed in Gaza from at least 8 October 2023:

• Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
• Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
• Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
• Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
• Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
• Persecution as a crime against humanity contrary to article 7(1)(h);
• Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

Find the full text of the Rome Statute here.