Why we support ICC prosecutions for crimes in Israel and Gaza 

🌈 Abstract

The article discusses the International Criminal Court's (ICC) decision to issue arrest warrants against senior Hamas and Israeli leaders for alleged war crimes and crimes against humanity committed during the October 2022 attacks by Hamas in Israel and the Israeli military response in Gaza. The article provides an overview of the legal review process undertaken by a panel of international law experts who unanimously agreed with the ICC prosecutor's decision.

🙋 Q&A

[01] The ICC's Arrest Warrant Applications

1. What are the key points regarding the ICC's arrest warrant applications?

• The ICC prosecutor, Karim Khan, asked a panel of international law experts to advise on whether there was sufficient evidence to lay charges of war crimes and crimes against humanity.
• The panel unanimously agreed that the prosecutor's work was rigorous, fair, and grounded in the law and facts.
• The panel unanimously agreed that there are reasonable grounds to believe that the identified suspects (senior Hamas and Israeli leaders) have committed war crimes and crimes against humanity within the ICC's jurisdiction.
• The charges are not about the reasons for the conflict, but about the manner in which the war was waged in violation of international law.

2. What are the specific allegations against the Hamas and Israeli leaders?

• The panel agreed with the prosecutor's conclusion that there are reasonable grounds to believe that three senior Hamas leaders (Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh) have committed war crimes and crimes against humanity for the killing of hundreds of civilians, the taking of at least 245 hostages, and acts of sexual violence committed against Israeli hostages.
• The panel also unanimously agreed that the evidence presented by the prosecutor provides reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant have committed war crimes and crimes against humanity, including the war crime of intentionally using starvation of civilians as a method of warfare and the murder and persecution of Palestinians as crimes against humanity.

3. What is the next step in the legal process?

• The judges of the ICC will ultimately determine which warrants, if any, should be issued.
• The panel hopes that the process will contribute to increased protections for civilians and sustainable peace in the region.

[02] The Role of the Expert Panel

1. Why was the expert panel formed?

• The panel was formed to provide an impartial and independent legal opinion on the ICC prosecutor's applications for arrest warrants, as the conflict has given rise to misunderstandings about the ICC's role and jurisdiction, a fractured discourse, and in some contexts, even antisemitism and Islamophobia.

2. What were the qualifications of the panel members?

• The panel members were selected for their expertise in public international law, international human rights law, international humanitarian law, and international criminal law, and in the case of two members, their experience as former judges of international criminal tribunals.

3. How did the panel reach its conclusions?

• The panel unanimously reached its conclusions based on an assessment of the warrant applications against an objective legal standard, after carefully examining the evidence presented by the prosecution team.