Former Shortland Street actor Will Alexander is protesting the Government's support of Israel's war in Gaza. Video / Will Alexander
The chief prosecutor of the world’s top war crimes court is seeking arrest warrants for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.
While Netanyahu and Israeli defence minister Yoav Gallant do not face imminent arrest, the announcement by the International Criminal Court’s chief prosecutor was a symbolic blow that deepened Israel’s isolation over the war in Gaza.
The court’s prosecutor, Karim Khan, accused Netanyahu, Gallant and three Hamas leaders – Yehia Sinwar, Mohammed Deif and Ismail Haniyeh – of war crimes and crimes against humanity in the Gaza Strip and Israel.
Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic. US President Joe Biden also lambasted the prosecutor and supported Israel’s right to defend itself against Hamas.
Yehia Sinwar, head of Hamas in Gaza, is one of the people the chief prosecutor of the International Criminal Court is seeking an arrest warrant for. Photo / AP
A panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed. The judges typically take two months to make such decisions.
Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Netanyahu called the prosecutor’s accusations against him a “disgrace” and an attack on the Israeli military and all of Israel. He vowed to press ahead with Israel’s war against Hamas.
Biden said the effort to arrest Netanyahu and Gallant over the war in Gaza was “outrageous”, adding “whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas”.
Hamas also denounced the ICC prosecutor’s actions, saying the request to arrest its leaders “equates the victim with the executioner”.
Netanyahu has come under heavy pressure at home to end the war sooner than later. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring home Israeli hostages in Hamas captivity, fearing that time is running out.
In recent days, the two other members of his war Cabinet, Gallant and Benny Gantz, have threatened to resign if Netanyahu does not spell out a clear postwar vision for Gaza.
But this week, Netanyahu received wall-to-wall support as politicians across the spectrum condemned the ICC prosecutor’s move. They included Israel’s president, Isaac Herzog, and his two main political rivals, Gantz and opposition leader Yair Lapid.
It is unclear what effect Khan’s move will have on Netanyahu’s public standing. The possibility of an arrest warrant against Netanyahu, whose popularity has dropped during the war, could give him a boost as Israelis rally behind the flag. But his opponents could also blame him for bringing a diplomatic catastrophe on the country.
Yuval Shany, an expert on international law at Hebrew University and the Israel Democracy Institute, a Jerusalem think tank, said it was far more certain that Netanyahu’s already troubled international standing could be further weakened.
“This is going to make Netanyahu an outcast, and his ability to move around the world will be seriously compromised,” said Shany. Even if the ICC does not issue the arrest warrant, other countries may now be more reluctant to provide support and assistance, he said.
The chief prosecutor of the International Criminal Court is seeking arrest warrants for Israeli and Hamas leaders, including Israeli defence minister Yoav Gallant. Photo / AP
Hamas is already considered an international terrorist group by the West. Both Sinwar and Deif are believed to be hiding in Gaza. But Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region. Qatar, like Israel, is not a member of the ICC.
The latest war between Israel and Hamas began on October 7, when militants from Gaza crossed into Israel and killed some 1200 people, mostly civilians, and took 250 others hostage.
Since then, Israel has waged a brutal campaign to dismantle Hamas in Gaza. More than 35,000 Palestinians have been killed in the fighting, at least half of them women and children, according to the latest estimates by Gaza health officials.
