The International Criminal Prosecutor requests the issuance of arrest warrants against Netanyahu and Gallant on charges of committing war crimes
The Prosecutor of the International Criminal Court, Karim Ahmed Khan, submitted requests to issue arrest warrants against the Israeli Prime Minister, Benjamin Netanyahu, and the Defense Minister, Yoav Galant, on charges of committing war crimes.
The leader of the Islamic Resistance Movement - Hamas, Sami Abu Zuhri, told Reuters on Monday that the International Criminal Court’s decision, which also requested the issuance of arrest warrants against 3 leaders of the Palestinian movement, “equates the victim with the executioner.”
He added that the court's decision encourages "Israel" to continue its war of extermination.
The list of charges against Netanyahu and Gallant, which were stated in the Public Prosecutor’s statement, are:
1- Mass starvation of civilians.
2- Causing suffering and intentional crimes.
3- Premeditated murder.
4- Intentional attacks against civilian populations.
5- Extremism and calls for mass murder.
6- Carrying out crimes against humanity.
Earlier, the Assembly of States Parties to the International Criminal Court expressed its regret at attempts to undermine the independence of the court in its investigation of the situation in occupied Palestine.
The association said, in a statement, that some recent statements regarding the court’s investigation constitute a “threat of retaliation,” calling on all countries to respect the court’s independence and impartiality.
The American website Axios reported, in late April, that members of Congress, from both the Democratic and Republican parties, had warned the International Criminal Court that any arrest warrants issued against Israeli officials would be met with American retaliation.
The website quoted a Republican member of the House of Representatives as saying that there is already legislation being drafted to respond to any judicial orders of this kind.
Background and analysis
For the eleven years since the ICC came into existence, all
the indictments and prosecutions were issued against African leaders, both
non-government persons and sitting presidents and leaders. This bias prompted
the African Union to threaten to ask its member states to leave the court given ICC documented bias. The court and its western backers found a good case to
break the pattern, indicting a non-African leader, President Putin of Russia,
for crimes in Ukraine. This case, is the true test for the court and for the
Western governments that stood by the court when it indicted Putin: their
reactions and actions to an indictment of Israeli leaders who are on record
ordering the denial of "food, water, medicine, and everything" to
bring about the starvation of Gazans, and the explicit orders by the prime
minister ordering civilians to move out or be "buried under the
rubble".
Although the ICC did not list the crime of genocide, much of the evidence produced for the ICJ by South Africa for that crime can be easily used to support the charges of crimes against humanity that the ICC listed, which have a lower bar, as they do not require intent to find culpability. Of note, even the British government lawyers have warned that Israel may have violated international law.
State officials' declaration of intent:
From the day of the Oct. 7 attack, political leaders of the State of Israel publicly stated that the densely populated strip, Gaza, the “wicked city,” will be placed under siege and turned into rubble. Netanyahu ordered Gazans to move or be buried under the rubble. Within week, UN agencies and NGOs have determined that thousands of people were already buried under the rubble.
Israel PM Netanyahu:
All of the places which Hamas is deployed, hiding and operating in, that wicked city, we will turn them into rubble. I say to the residents of Gaza: Leave now because we will operate forcefully everywhere.
The evidence for war crimes, crimes against humanity, and even genocide are well preserved and easily accessible. Israeli leaders publicly stated their intent to remove Gazans from Gaza was made very clear from the start of their response to the Oct. 7 attack, on October 8, 2023, they said: "Leave Now", they promised "mighty vengenance" and ordered Gazans to "leave now" or be buried under the rubble and under the rubble thousands of Palestinians were indeed buried.
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