ICC Prosecutor Karim A.A. Khan issued a statement requesting the International Criminal Court to approve for him to issue warrants for the arrest of three Hamas officials and two Israeli officials: Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.
The Hamas leaders, Yahya Sinwar (head of Hamas); Mohammed Diab Ibrahim Al-Masri (head of the military wing); Ismail Haniyeh (head of the Political Bureau), are to be charged with “extermination” and murder, taking hostages, rape, torture, and other “inhumane acts.”
The charges against Netanyahu and Gallant include: “Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute; Extermination and/or murder; Persecution as a crime against humanity, and Other inhumane acts.”
Prosecutor Khan also wrote: “We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.”
He also wrote: “Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival. This occurred through the imposition of a total siege over Gaza that involved completely closing the three border crossing points, Rafah, Kerem Shalom and Erez, from 8 October 2023 for extended periods and then by arbitrarily restricting the transfer of essential supplies—including food and medicine—through the border crossings after they were reopened. The siege also included cutting off cross-border water pipelines from Israel to Gaza—Gazans’ principal source of clean water—for a prolonged period beginning 9 October 2023, and cutting off and hindering electricity supplies from at least 8 October 2023 until today. This took place alongside other attacks on civilians, including those queuing for food; obstruction of aid delivery by humanitarian agencies; and attacks on and killing of aid workers, which forced many agencies to cease or limit their operations in Gaza. My Office submits that these acts were committed as part of a common plan to use starvation as a method of war and other acts of violence against the Gazan civilian population.”
