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ICC prosecutor urges judges to decide on arrest warrant for Israeli leaders

ICC prosecutor urges judges to decide on arrest warrant for Israeli leaders Photo: Israeli Prime Minister Benjamin Netanyahu (getty images)
Author: Bohdan Babaiev

On Friday, the chief prosecutor of the International Criminal Court (ICC) called on judges to urgently rule on his request for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other individuals related to the Israel-Hamas conflict. He asserts that the court has the jurisdiction to do so, according to AP.

“It is settled law that the Court has jurisdiction in this situation,” Prosecutor Karim Khan wrote in a 49-page legal brief.

Khan urged the ICC pretrial judges to urgently render its decisions on the requests he submitted in May for arrest warrants against Netanyahu, his defense minister, Yoav Gallant, and three leaders of Hamas, two of whom have since been killed.

The statement by Khan responds to legal arguments presented by dozens of countries, scholars, victim groups, and human rights organizations, which either rejected or supported the court’s authority to issue arrest warrants during the investigation into the Gaza conflict and Hamas' attack on Israel on October 7.

Request for arrest and reaction of Israeli authorities and Hamas

In his May request, Khan accused Netanyahu, Gallant, and the three Hamas leaders — Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh — of committing war crimes and crimes against humanity in Gaza and Israel.

Netanyahu labeled the prosecutor's accusations as a "disgrace" and an assault on the Israeli military and the state of Israel itself. He vowed to continue the fight against Hamas.

Hamas condemned Khan’s actions as well, stating that the demand for arresting its leaders amounts to equating "the victim with the executioner."

Israel is not a member of the court, so even if arrest warrants are issued, Netanyahu and Gallant do not face immediate risk of prosecution. However, the threat of arrest could complicate the Israeli leaders' travel abroad.

Position of the United States

The US disagrees with the potential approval by the ICC of arrest warrants for Israeli leaders.

President Joe Biden stated that "there is no equivalence" between Israel and Hamas. Secretary of State Antony Blinken added that a court decision on arrest warrants could jeopardize efforts to achieve a ceasefire agreement.

US House Speaker Mike Johnson stated that Congress might take any measures, including sanctions if the ICC approves the issuance of the arrest warrants.