ICC Seeks Arrest Warrants for Israeli prime minister Netanyahu and Hamas Leaders Amid Controversy

On May 20, 2024, International Criminal Court (ICC) prosecutor Karim Khan requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, alleging they have committed war crimes and crimes against humanity in the Gaza Strip and Israel.
The charges against Israeli leaders include starvation of civilians as a method of warfare, murder, persecution, and extermination, while Hamas leaders face charges of hostage-taking, torture, and murder.
Human rights lawyer Amal Clooney, wife of actor George Clooney, was part of a panel of experts who advised Khan and unanimously agreed there were grounds to believe both sides had committed war crimes.
The U.S. and Israel have strongly condemned the ICC's move, with President Biden calling it "outrageous" and suggesting it falsely equates Israel with Hamas. Netanyahu accused Khan of trying to "demonize Israel" and engaging in "antisemitism."
Some U.S. allies, including France and Belgium, have defended the ICC's independence and the need for accountability for crimes committed in the conflict. They released statements supporting the ICC's request for arrest warrants.
U.S. Senator Bernie Sanders broke with the Biden administration, expressing support for the ICC's actions and the need to uphold international law.
The ICC's jurisdiction over the situation is disputed, as Israel and the U.S. do not recognize the court's authority. The court accepted "The State of Palestine" as a member in 2015.
The United Nations reported that its distribution center and the World Food Program's warehouses in Rafah, Gaza, are now inaccessible due to ongoing military operations, with around 82,000 metric tons of supplies stranded on the Egypt side of the crossing.
According to the Palestinian Health Ministry, one of the main hospitals in northern Gaza, Kamal Adwan, was evacuated after coming under fire from Israeli forces, while another, Awda, has been surrounded by troops for three days.
In a separate incident, Israeli forces raided a militant stronghold in the West Bank city of Jenin, killing at least seven people and wounding several others, according to the Palestinian Health Ministry.
British Prime Minister Rishi Sunak criticized the ICC's move, arguing there is no "moral equivalence" between Israel and Hamas and that the court's decision would make "absolutely no difference" to wider peace in the Middle East.
The ICC's announcement has deepened Israel's isolation over the war in Gaza, which was triggered by Hamas' attack on October 7, 2023, resulting in the deaths of about 1,200 people, mostly civilians, and the abduction of around 250 others.
According to Gaza's Health Ministry, at least 35,000 Palestinians have been killed in the war, and around 80% of the population of 2.3 million has been displaced within the territory, often multiple times.
The war has devastated Gaza's health sector, with around two-thirds of the original 36 hospitals forced to shut down and the rest only partially functioning.
Israeli officials seized camera and broadcasting equipment belonging to The Associated Press in southern Israel, accusing the news organization of violating the country's new ban on Al Jazeera. The AP denounced the move, and the Israeli communications minister later ordered the return of the equipment after facing pressure from the U.S. administration, journalism organizations, and an Israeli opposition leader.
The death of Iranian President Ebrahim Raisi in a helicopter crash has led to condolences from various countries, including Germany and Sri Lanka, which declared a national day of mourning.
Israel's defense minister, Yoav Gallant, criticized the ICC prosecutor's request for arrest warrants, calling the parallel drawn between Israel and Hamas "despicable and disgusting." He emphasized that Israel has the right to defend itself and that the attempt to deny this right "must be rejected explicitly."
Human rights advocates have criticized Biden's response to the ICC's move, accusing the U.S. of double standards given its support for the court's decision to issue an arrest warrant for Russian President Vladimir Putin over alleged war crimes in Ukraine.
The Kremlin weighed in on the situation, with spokesman Dmitry Peskov calling the U.S. attitude and readiness to use sanctions against the ICC "more than curious."
ICC prosecutor Karim Khan visited the region in December and saw firsthand the devastating impact of the October 7 attack by Hamas militants, who gunned down scores of revelers at a dance party and killed entire families in their homes.
The accusations against Israeli leaders have been criticized by some as failing to recognize the context of Israel's actions, which are aimed at neutralizing the persistent and violent threat posed by Hamas.
Experts have noted that Israel has made significant efforts to minimize civilian casualties, resulting in a lower civilian-to-combatant death ratio compared to other modern conflicts.
The ICC's move has raised concerns about exacerbating antisemitism, emboldening Hamas, prolonging the conflict, and resulting in more unnecessary deaths.
Some argue that the ICC has demonstrated a troubling bias and overreach in targeting Israeli leaders, setting a dangerous precedent that could one day be used against American leaders, given that neither the U.S. nor Israel recognizes the court's jurisdiction.
The ongoing conflict and the ICC's decision have further strained relations between Israel and the international community, with the country seeking to rally support from its allies to counter the court's actions and maintain its ability to defend itself against Hamas.