ICC Prosecutor Calls for Urgent Ruling on Arrest Warrants for Israeli Leaders Amid Conflict

ICC Prosecutor Urges Swift Ruling on Arrest Warrants for Israeli Leaders

The chief prosecutor of the International Criminal Court (ICC), Karim Khan, has made a compelling appeal to the court’s judges, urging them to “urgently” address his request for arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and several other officials linked to the ongoing Israel-Hamas conflict. Khan asserts that the court possesses the jurisdiction needed to proceed with these warrants.

In a comprehensive 49-page legal brief, Khan emphasized, “It is settled law that the Court has jurisdiction in this situation.” His appeal calls on a panel of ICC pretrial judges to expedite their decisions regarding the warrants he initially filed in May. These warrants pertain to Netanyahu, Defense Minister Yoav Gallant, and three prominent leaders of Hamas, two of whom have tragically been killed in the conflict.

This legal brief from Khan is a response to various legal arguments submitted to the ICC by numerous nations, scholars, victim advocacy groups, and human rights organizations. These submissions either contest or support the court’s authority to issue arrest warrants amid its investigation into the violence in Gaza and the brutal attacks carried out by Hamas in Israel on October 7.

In his original request for arrest warrants, Khan charged Netanyahu, Gallant, and three Hamas leaders—Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh—with committing war crimes and crimes against humanity within both Gaza and Israel. Related

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Since that request, Haniyeh and Deif have been killed, while Sinwar, who orchestrated the October 7 attacks, has been appointed the new leader of Hamas. Netanyahu has publicly condemned the prosecutor’s allegations, labeling them a “disgrace” and a direct assault on the Israeli military and the nation as a whole. He has pledged to continue Israel’s military campaign against Hamas without hesitation. In a similar vein, Hamas condemned Khan’s actions, arguing that the request to apprehend its leaders wrongly equates “the victim with the executioner.”

It is important to note that Israel is not a member of the ICC. Therefore, even if the warrants are issued, Netanyahu and Gallant would not face immediate prosecution risks. However, the potential for arrest could complicate any international travel plans for these Israeli leaders.

Many of the legal arguments presented to the ICC judges recently have centered on whether the court’s authority to issue warrants against Israeli officials is superseded by a provision in the 1993 Oslo Accords peace agreement. Under that agreement, the Palestinians consented to renounce criminal jurisdiction over Israeli nationals.

Khan firmly rejected the notion that the Oslo Accords could nullify the court’s jurisdiction, describing this argument as “without merit.” He elaborated that such reasoning is “inconsistent with the proper interpretation and application” of the Rome Statute, the ICC’s founding document, and reflects a fundamental misunderstanding of international law, particularly concerning the jurisdictional principles related to occupation.

As of now, it remains uncertain when the judges will provide a ruling on Khan’s request for arrest warrants.