The International Criminal Court (ICC) is seeking an arrest warrant for Israeli’s prime minister Benjamin Netanyahu.

Prosecutor Karim Khan is also seeking warrants for the Israeli defence minister Yoav Gallant as well as a number of senior Hamas figures.

It comes against the backdrop of Israel’s bombardment of Gaza, which has been ongoing since Hamas’ attacks on October 7.

What has Benjamin Netanyahu been accused of?

According to Khan’s report, Netanyahu and Gallant “bear criminal responsibility” for a number of war crimes and crimes against humanity.

The report states that this includes the following charges:  

  • 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).

What is the ICC? 

The ICC investigates and, where warranted, tries individuals charged with the “gravest crimes of concern to the international community”.

According to its website, this includes “genocide, war crimes, crimes against humanity and the crime of aggression”.

It was established in 2002 and can prosecute crimes committed by nationals of member states or on the territory of member states by other actors.

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What has been said about Hamas leaders? 

Head of Hamas Yahya Sinwar, the commander-in-chief of its military wing Mohammed Diab Ibrahim al-Masri and the head of the Hamas Political Bureau are also facing the possibility of arrest warrants.

Khan also outlined a list of alleged crimes, including taking hostages and rape as well as other acts of sexual violence. 

  • 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.

Khan said: "We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies.

"Some of these crimes, in our assessment, continue to this day," he said.