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What Do War Crimes Warrants for Hamas and Israeli Leaders Actually Mean?

The ICC Prosecutor announced his recommendation of arrest warrants for Netanyahu and Hamas for war crimes. But does it mean anything?

Recently updated on October 5th, 2024 at 01:04 pm

“You can’t just say: We’re acting in self-defense and therefore the rules don’t apply to us.”

This morning, International Criminal Court Prosecutor Karim A.A. Khan announced he was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh—for alleged war crimes. 

If a panel of three ICC judges approve the warrants, Netanyhau and Gallant could face charges for crimes against humanity, including the starvation of civilians. The Hamas leaders could face charges including murder, taking hostages, and torture, related to actions during and following the October 7th attacks that resulted in the deaths of approximately 1,200 Israelis and the kidnapping of more than 250 hostages, including some Americans. 

Israel, Hamas, and the United States all condemned the news. President Biden called the announcement “outrageous.” Netanyahu said that in seeking the warrants, Khan had created a “twisted and false moral equivalence between the leaders of Israel and the henchmen of Hamas” and that the ICC was denying Israel’s right to self-defense. Hamas said in a statement the ICC announcement “equates the victim with the executioner.” 

Khan refuted the idea that anyone was being unfairly targeted, telling CNN in an exclusive interview announcing the news that “this is not a witch hunt.” 

“Nobody is above the law,” Khan added. “No people…have a get out of jail free card, have a free pass to say, ‘well the law doesn’t apply to us.’”

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